H died 20 years ago and his Will contained a nil rate band discretionary trust which was set up with an equitable charge and assets were loaned to W.
W is now being assessed for care fees and the LA are refusing to disregard the debt that W has to the Trustees. Have forum members had any success with LAs disregarding the nil rate band from their calculations and if so, any advice on how to proceed?
Claire Carr
Rexton Law LLP
I assume there was an IOU arrangement so that the debt could be repayable to the Trustees on demand. Could it therefore not just be repaid to the trust now?
Mark Goodson
BTMK Solicitors
Many thanks for your reply but there is no cash left in the estate. Basically, the only asset remaining is the property, so I am unsure how I can safeguard the nil rate band portion of it that is owed to the Trustees.
Claire Carr
Rexton Law LLP