Debt to a Trust & Nursing Home Fees

Postby DavidHC on Wed Sep 27, 2006 1:47 am

It is my understanding, for inheritance tax purposes, that a main residence owned by a couple as tennts in common, may on the first death be occupied by the widow/er in exchange for a debt to a trust for half of the property value. In this situation, where sale proceeds are later necessary for long term care, can the trust legitimately cliam their debt before the proceeds are used for the nursing home?
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Postby Peter D on Wed Sep 27, 2006 2:16 am

Yes that is correct. The paper trial must be clear but the debt should be deducted from the sale price of the house. Regards Peter
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Postby Lee Young on Thu Sep 28, 2006 10:30 pm

If the debt is structured, as it often will be, as an equitable cgarge against the title, then it MUST be paid off when the house is sold.
Lee Young
Solicitor, Chartered Tax Adviser and Trust and Estate Practitioner


Partner, Frettens LLP
leeyoung@frettens.co.uk
01202 491701
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