making a will

[dingaling]

What is the best way to legally word a will to safeguard your property etc. in case one of you had to go into a nursing home? I think I read somewhere that you should each leave your half of the house to your family, if you trust them not to make you sell it of course. or is there another way to do it? TIA

[sandyRoe]

You'd be better paying a lawyer for professional advice with a question like this.

[anneasquith]

on the same subject, if one has written a will(which woiuld be very straightforward) and it has been signed by two people would that be acceptable ?

[dingaling]

Thank you sandyroe, I know that,and will do so, but I thought I might get some advice beforehand to at least save a bit of time given the hourly rate some of them charge while explaining things.

[woofgang]

no joint wills are not legal, you need a will each. Willing a share of a house to a family member doesn't safeguard the house..they can only have it if you die and until then it forms part of your estate and can be set against fees. Councils are often willing to put a charge against the house which is paid when the house is sold so that a spouse or family can continue to live on in the property. Giving the house away can also be set aside if it has been done to avoid payment of fees.

[dingaling]

Yes it would Anne, as long as they are not beneficiaries and it is dated. Look on the CAB website it is very good and explains everything very well.

[anneasquith]

thanks for the advice , dont see why i should pay a lawyer for a simple job,,,,,,,,,does that include scottish law ?

[woofgang]

anne did you mean witnesses or a joint will?

[anneasquith]

sorry, i make a will, not via a lawyer with two witnesses, like a diy will .

[woofgang]

whether you make it through a solicitor or not, it must be signed in the presence of two witnesses who are both there at the same time to see you sign it and who then sign to say that they saw you sign it, they cannot be beneficiaries of the will....I think that they can't be executors either.

[dingaling]

Sorry anne, I took it that you meant witnesses when you said two had signed it.

[dingaling]

Thank you woofgang, better try to keep out of the nursing home then!!!

[hc4361]

Leaving property in a will would make no difference towards nursing home fees. After all, you still own the property until your death.
You are thinking of a trust or giving the property to your family now and paying rent.
The authorities are very aware of these methods of avoiding payment - it is called wasting assets and they can still claim the money.
If one of you is still living in the house when the other goes in to care, a charge will be put on the property to allow the fees to be paid either on the survivor's death or on the sale of the house, whichever comes first.
I think this is fair. I don't see why taxpayers should pay when you have means to pay yourself.

[woofgang]

yup hc.....that's what I said

[fredpuli47]

The spouse of a witness to a will cannot be a beneficiary either.

There is no law against a beneficiary being an executor.