transfer of property

[aquarius123]

my mother bought her council house , my brother has always paid the mortgage and spent a lot of money on the property. In the event of her death the property has been left to him, To protect my brother the family has advised him to transfer the house to his name, my mum and family are all in agreement.
I have been told that if mum has to go in to care a % of the money from house can be clawed back from my brother?

[Ethel]

The house is currently an asset of your mother's. If she needs to go into care, she will have to pay.

If she transfers her house to your brother, and then needs care, that can be seen as deliberately wasting assets and the council could chase your brother for the money.

[Barmaid]

I think there is a mid way course here. Presumably your mother bought her house with the assistance of discount. It has been decided in a previous case that her discount is a contribution which could constitute a beneficial share in the property. Your brother would be able to assert a beneficial interest at least to the extent of the mortgage payments so not ALL the property will be taken into account.

The Council will only be able to claim against the property if a significant reason for the disposal was to avoid care home fees. Also if the transfer was done when your mother was relatively young and it was not foreseeable that she would need long term care, it is less reasonable for them to seek to recoup.