But while the headline process may be easier, couples going through the legal stage of break-up are still experiencing many challenges. Heralded as a new dawn for parting couples, the Divorce, Dissolution and Separation Act 2020 aimed to streamline the divorce process when it became law in April 2022. The legislation has made divorce less
Care Home Fees
It is very common for married couples and civil partners to have a will leaving everything to each other, their children or other beneficiaries. However, if the surviving spouse or civil partner has to go into care, their beneficiaries could, in fact, receive very little of their estate.
Unless they are eligible for NHS Continuing Care, they will have to use their own money for care home fees until their estate is reduced to £23,250, when they can be assessed for Social Services contributions to fees. The value of their house will be taken into account during the means-assessment process.
As long as both parties to the marriage or civil partnership are alive and have sufficient mental capacity, Farnfields can prepare a will incorporating a life interest trust whereby their respective shares of the home are left to their beneficiaries, subject to the surviving spouse or civil partner having the use of it for their lifetime. Thus, the capital of that half-share would not be taken into account in a means-test calculation for contributions to care home fees.
See our leaflet with some options for you to consider.
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