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Writing a Will.

Cullpepper

I've had a Solicitor here today. People have been telling me for years i should have a will But i've got nobody to leave things to. Ok i could a neighbour to be a witness, but who do i put as my executor ?

Anyway i sent a donation to a local hospice at Christmas and they came around to say thank you and left a calender. The donation wasn't that big, but i joked with them saying they could have my house, but not until i've finished with it. They convined me to talk to this solicitor before giving anything to charity.  So this afternoon a young Solicitor came, i told her i'd been thinking of selling my house and buying a small over 60s flat, the difference can go to charity. She said i was very generous, but if i go do-lally and need to go into a care home, they'll want me to pay and they'll say you gave the money from your house away, just to try and get a freebie. Did she say any money you give away, they'll try and get back going back 10yrs. She was talking to me about trusts, that way the money is there for a care home if needed And my sisters that i never see would find it harder to contest a trust than they may a will. She's coming back again next week, give me time to think. I think she's right, i've been looking into down sizing, but this solicitor says i could stay in my house if it were in a trust, I'll google and read up on trusts i think.

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  • Cullpepper said:
    She said i was very generous, but if i go do-lally and need to go into a care home, they'll want me to pay and they'll say you gave the money from your house away, just to try and get a freebie.

    They might try but they wouldn't have a legal leg to stand on.

    1. Because it's your money to do what you want with, you could blow it on several tons of perishable goods and nobody could say anything to you about it.

    2. You are not even obligated to move into a care home, doesn't matter how bad your health gets, if you don't want to go they can't make you all the time you are legally sane, and even if some busybodied decided to declare you legally insane that's their perogative and they are then responsible for your care including setting up social assistance for you because you are not considered legally capable to do so in that event.

    3. They aren't going to jump through the multitude of hoops to declare you legally insane just because you wanted to give your money away.

    4. They can only accuse you of getting out of paying care fees if you knew you were going to be going into a care home any time soon, which they probably can't prove even circumstantially if you give your money away many years before needing any kind of assistance like that.

    So yes you can do it that way if you want to, alternatively you can create several will copies to leave findable in the event of your death that leave all your money to charities then.

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  • Cullpepper said:
    She said i was very generous, but if i go do-lally and need to go into a care home, they'll want me to pay and they'll say you gave the money from your house away, just to try and get a freebie.

    They might try but they wouldn't have a legal leg to stand on.

    1. Because it's your money to do what you want with, you could blow it on several tons of perishable goods and nobody could say anything to you about it.

    2. You are not even obligated to move into a care home, doesn't matter how bad your health gets, if you don't want to go they can't make you all the time you are legally sane, and even if some busybodied decided to declare you legally insane that's their perogative and they are then responsible for your care including setting up social assistance for you because you are not considered legally capable to do so in that event.

    3. They aren't going to jump through the multitude of hoops to declare you legally insane just because you wanted to give your money away.

    4. They can only accuse you of getting out of paying care fees if you knew you were going to be going into a care home any time soon, which they probably can't prove even circumstantially if you give your money away many years before needing any kind of assistance like that.

    So yes you can do it that way if you want to, alternatively you can create several will copies to leave findable in the event of your death that leave all your money to charities then.

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