Not everyone will need the services of a nursing home in later life, but the demand for care is increasing as we all live longer – not necessarily in good health.

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The average cost of a private nursing home is currently around £30,000 a year. Many people are, quite rightly, worried about how to pay for this provision and the impact it will have on their families.

If you have enough income or assets of more than £23,250, the general rule is that you will have to pay for your own nursing care, although you may be entitled to Attendance Allowance or NHS funding. The value of your home is disregarded if it is still occupied by a spouse or partner, or a relative living with you who is more than 60 years old or incapacitated.

The local authority will meet some of the care home costs for those who have assets valued between £14,250 and £23,250. If your assets are worth less than this lower threshold, most of your income will be used to pay for your care, although the rest of the fees will be paid in full by the council, up to a maximum limit. Should this not cover the fees charged by the home of your choice, the shortfall will have to be met by a third party if you are to remain at this location.

Planning Ahead

No one wants to see their home and life savings disappear in a care fees black hole, which is why it is so important to plan ahead and make provision for future nursing bills.

Couples can protect their home from being sucked into the care fee structure by making a will that divides the property’s ownership on the first death between the surviving spouse and your children. This is only possible if you own your home jointly as ‘tenants in common’ and each person makes a will dealing with his or her share.

When one of you dies, this half of the property passes into a trust that benefits the surviving spouse and your children. It can be set up in such a way that the survivor has the right to live there for as long as they wish and may also move house, with the trust owning a share of the new property. When this spouse dies or goes into residential care, the half share held in trust passes to your children.

This arrangement ensures you are not committed to anything until one of you dies and it cannot be challenged by a local authority. The only disadvantage is that it will only protect one half of the property and will not help both of you, should you need nursing home care at the same time.

We have legal experts near you

Our wills and probate team helps you plan for the future, so you can do the best by your family should the worst happen. We have phone appointments available for those who need them.

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Wills & Probate Services

Our team of experts can guide you through the process of a range of Will Writing, Probate, Tax and Trusts services.

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Will Writing Service

We know how important it is to plan for your future. Writing a Will is one of the most important documents you will ever have to do. An up-to-date and valid Will is important to ensure your wishes are met and your loved ones are cared for when you are longer here.

A Will is a complex document, but our Wills solicitors work with you to ensure the process is straightforward.

Lasting Powers of Attorney

We understand life can get tricky, and sometimes we need extra help. That’s when a Lasting Power of Attorney (LPA) can help. Our team of friendly Wills and Probate solicitors are there for you when you or a loved one needs us.

Whether you or a family member require extra help in the future in managing or making decisions regarding financial affairs, health and welfare and medical treatment and care decisions – we’re here for you.

Trusts & Estate Planning

It’s all in the planning when it comes to Trusts. It’s important to plan and find out what would suit you. Our team of Trusts and Estate Planning solicitors are ready to talk through your options.

Trusts often form part of Estate Planning and are used to pass assets down to future generations. They’re also there to protect assets in the eventuality of divorce, bankruptcy, or poor management by the beneficiary.

Capital Gains Tax

When it comes to capital gains tax, it’s all in the planning. Planning will help reduce potential issues before they arise and help maximise available allowances. Our expert tax planning solicitors are on hand to help you plan for the future disposal of assets by considering the current and future tax implications.

Long Term Care Planning

Our community is important to us, and we care for those who live in the areas we serve. When it comes to providing services for our older and vulnerable people, we take great pride in providing clear and concise legal advice when needed.

When it comes to long-term care planning, we’re here to talk through your options

Grant of Probate & Estates

We care about you, and we care about your family. We also understand the sadness of losing a loved one. Our caring approach and friendly team of expert solicitors are here to help you in the probate process after someone has passed away.

We’re on hand to help when you’re ready. We’ll discuss what it means if you are an executor of your loved one’s Will or if you are their next of kin.

Inheritance & Wills Disputes

We know how stressful and upsetting it can be if you've been left out of a Will or not been left as much as you thought. Our team are experts in helping you claim for what you feel you are owed or if a claim is threatening your inheritance.

We work closely with you, discuss your concerns, and provide you with up-to-date legal advice. At Taylor Emmet we have a specialist contentious team who look after your inheritance & wills dispute, which sets us apart from other probate solicitors as we have high-level expertise to help you.

Private Wealth

We know how important it is to manage your wealth protection. We also know that everyone's circumstances are different, and there is no one size fits all plan. That's why our team of Private Wealth solicitors work with you to create a bespoke service to meet your needs.

Our Private Wealth team take the time to get to know you and work with you to plan. We guide you through your legal options and work collaboratively with your existing advisors to provide you with the best service working with clients from the Sheffield City Region to London and the South East.

Inheritance Tracing

It's a sad reality that, unfortunately, around two-thirds of the population die intestate. This means if someone passes away without making a Will, they are said to have died intestate.

This creates problems for those who have been tasked with arranging a funeral or locating their next of kin. This can be a time-consuming, emotional, and costly process. Our team of Inheritance Tracing solicitors can guide you through the process to make it easier.

Elderly Client Services

Our community is important to us, and we care for those who live in the areas we serve. When it comes to providing services for our older and vulnerable people, we take great pride in providing clear and concise legal advice when needed.

We’re thoughtful and considerate, so we ensure that we do things at your pace. We also know that you may want your family involved in legal conversations. Let’s put the kettle on and chat through those things that matter the most.

Inheritance Tax Planning

When it comes to inheritance tax planning, it’s essential to ensure your Will is appropriately structured. Our team of tax planning experts can speak through your options. The good news is that several exemptions and allowances can be applied to limit damage to your legacy.

With many rules and regulations to consider, inheritance tax can be complicated. But don’t worry, we’re experienced in dealing with various circumstances, so we’re best placed to advise you.

Frequently asked questions about Wills and Probate

What is a Will?

A Will is a document which allows you to decide how your money and property will be distributed after your death and who should deal with the administration of your estate. To be valid, it must be signed by you and witnessed by two people. The witnesses must see you sign the Will and then sign it themselves.

What if I don’t make a Will?

If you die without a valid Will the law will determine how your money and property is distributed. This will depend on many factors such as whether or not you are married or have children, and the value of your estate, but the result might not be what you want or expect.

How do I make a Will?

The best place to start is here at Taylor Emmet. In our Wills and Probate department we deal with all aspects of Wills, estate planning and administration, including tax advice and trusts. Some of our solicitors are also members of STEP; the Society of Trust and Estate Practitioners, which is the leading worldwide professional body in this field.

The process is usually quite straightforward and should only take a couple of weeks to complete. At an initial meeting with one of our specialists we will ask what you want to happen on your death and give advice on the best way to achieve what you want.

What is a Power of Attorney?

A Power of Attorney is the document you sign to appoint an attorney. There are many different types of Power of Attorney. The Power may be limited to certain property or certain actions, or it may give your attorney general authority to act on your behalf.

When most people think about Powers of Attorney they mean “Enduring Power of Attorney” (EPA) or “Lasting Power of Attorney” (LPA). These are special types of Power of Attorney which allow you to choose an attorney to make decisions for you if you cannot make them yourself due to mental incapacity.

What if I don’t make a Power of Attorney?

If you lose the ability to make decisions for yourself and have not completed either an EPA or an LPA the Court of Protection may appoint a Deputy for you to make those decisions – usually a close relative. A Deputy is like an attorney but can only do what the Court permits.

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