IPDI Wills - property in sole name of deceased

Good morning

I have a query about whether full asset protection will be afforded because the property is registered in the sole name of the deceased (rather than tenants in common with spouse).

Surviving spouse has a life interest.

If survivor requires care will it be the case that the whole value of the property will be disregarded because he doesn’t own a share? He contributed to the mortgage and household costs just as much as his wife.

Many thanks

That should be the case unless it can be argued the survivor has a beneficial interest as a result of contributions to the mortgage.

Simon Northcott

Yes that’s what I was wondering; whether anyone has experience of the Local Authority successfully establishing this?

It is possible, in the right circumstances, to do a retrospective severance of tenancy and vary the will to include aproperty trust.

I’m not clear why I would want to do this in this case Iain?

They might try it on but apart from recording all the relevant facts in advance I do not see there is much that can bedone.

Simon Northcott

It’s a very fortunate outcome then isn’t it- when property is in sole name of one spouse and that spouse dies first.