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Care Home Fees and Your Estate: UK Protection Guide 2025

· 29 min

Margaret thought she had planned carefully. At 68, she and her late husband had paid off their £320,000 Manchester home and saved £45,000 for retirement. When her husband died suddenly, his will left everything to her outright—a "simple" approach their solicitor had recommended 15 years earlier.

Three years later, when Margaret needed full-time care following a stroke, the council's means test was brutal. Her entire property ownership plus savings meant she had to self-fund at £1,558 per week. At £81,000 per year, her entire estate would be depleted in under four years. Her two daughters would inherit nothing from the home their parents had worked 40 years to pay off.

Margaret's story is devastatingly common. With average UK care home costs now exceeding £73,000 annually and the means test threshold frozen at £23,250 for 15 consecutive years, the average British estate faces near-total depletion by care fees.

But legitimate, legal strategies exist—if you plan ahead. This guide explains exactly how care home fees affect your estate, what you can and cannot do to protect it, and how your will plays a crucial role in safeguarding wealth for the next generation.

Understanding the UK Care Home Costs Crisis

The numbers are stark. Average residential care home costs in England are now £1,406 per week—that's £73,112 annually. For nursing care, the average rises to £1,558 per week or £81,016 per year.

But these are national averages. Regional variations are significant.

In London, residential care averages £1,710 per week, while the North East sees the lowest rates at £1,076 per week. That's a difference of £634 weekly—or £32,968 annually—depending simply on where you live.

For specialist dementia nursing care, costs climb even higher. Many families pay £1,600 or more per week for specialized memory care.

Meanwhile, the financial threshold that determines whether you must self-fund has remained frozen. The upper capital limit stands at £23,250—the same figure set back in 2010. If it had risen with inflation, it would now be around £30,000.

The planned reforms that would have raised the threshold to £100,000 and introduced an £86,000 lifetime cap? Scrapped by the government in July 2024.

Let's be clear about what this means. If you own a typical UK home worth £300,000 and need nursing care at £81,000 per year, your estate lasts 3.7 years. After that—nothing left for your children or grandchildren.

The proportion of people self-funding their care has jumped from 41% in 2021 to an estimated 65% in 2024. More families are depleting lifetime savings and selling family homes to pay for care.

These costs aren't going down. But understanding how the means test works reveals where protection opportunities exist.

How the Care Home Means Test Actually Works

The financial assessment determines what you pay based on your total assets. Understanding the thresholds is essential.

Three capital bands determine your contribution:

Under £14,250: You contribute nothing from capital, though you'll pay from most of your income.

£14,250 to £23,250: You pay "tariff income"—£1 per week for every £250 above £14,250. If you have £18,000, that's £15 per week from capital plus an income contribution.

Over £23,250: You pay the full cost of care yourself. The council won't contribute until your assets drop below £23,250.

But what counts as capital?

Assets included in the assessment:

  • Savings and bank accounts
  • Investments, stocks, and bonds
  • ISAs and Premium Bonds
  • Property you own (with major exceptions)
  • Valuable possessions like jewelry or art
  • Money owed to you
  • Trust assets in certain circumstances

Assets excluded from the assessment:

The property rules deserve particular attention.

Your home is permanently disregarded if your spouse or civil partner lives there. It doesn't matter how much it's worth—it's not counted while they remain living there.

Your home is also disregarded if any of these people live there:

If none of these apply, you get a 12-week property disregard. For the first 12 weeks in care, the property isn't counted if you have less than £23,250 in other assets. This gives you time to arrange finances, sell, or set up a deferred payment agreement.

After 12 weeks, if you live alone or only with adult children who don't qualify for the exceptions, your property's value is assessed.

Here's a critical point many people miss: how you own your property matters enormously.

Understanding these rules reveals a vital insight—the structure of property ownership and your will can make a six-figure difference to what your children inherit.

The Role of Your Will in Estate Protection

Most couples create "mirror wills"—each leaving everything to the surviving spouse. It seems natural. Loving. Simple.

It's also financially devastating if one spouse later needs care.

Here's why. When the first spouse dies with a mirror will, everything passes to the survivor. The deceased's share of the home becomes the survivor's asset. Now if the survivor needs care, the entire property value is assessed against the £23,250 threshold.

Let's return to Margaret's story. She and her husband owned their £320,000 home as joint tenants—meaning each owned 100% of the whole property. When her husband died, the property automatically became Margaret's sole asset. His will was irrelevant because joint tenancy bypasses wills entirely through the "right of survivorship."

When Margaret needed care three years later, the full £320,000 property value was assessed. Combined with her £45,000 savings, she faced full self-funding. At £81,000 annually, everything would be gone in 4.5 years.

Now imagine they'd structured things differently.

They could have converted their property ownership to tenants in common. This means each spouse owns a defined share—typically 50% each. Unlike joint tenancy, these shares pass according to your will, not automatically.

They could have then created wills with life interest trust provisions—also called property protection trusts.

Here's how it works.

When the first spouse dies, their 50% share doesn't go to the survivor outright. Instead, it goes into a trust. The surviving spouse has a "life interest"—the legal right to live in the property for their lifetime. They can't be forced out. If they sell and downsize, the trust follows the proceeds.

But crucially, the trust share isn't counted in the survivor's means test.

When the surviving spouse eventually dies, the trust share passes to the ultimate beneficiaries—typically the children.

Let's replay Margaret's scenario with this structure:

Her husband owns 50% (£160,000). Margaret owns 50% (£160,000). When he dies, his £160,000 share goes into a life interest trust. Margaret can continue living there. She still owns her 50% outright.

Three years later when Margaret needs care, only her £160,000 share is assessed, not the full £320,000. Her £45,000 savings are assessed too, totaling £205,000 in assessable assets.

At £81,000 per year, her assessable assets last 2.5 years. After that, she qualifies for council funding. Meanwhile, the £160,000 in the trust is protected. When Margaret eventually passes away, her daughters inherit that £160,000 plus whatever remains of Margaret's share.

The difference? £160,000 protected for the children versus potential complete depletion.

This isn't theory. Property protection trusts have been upheld in countless cases where they were created while the couple was healthy, for clear estate planning purposes.

But timing and intention are everything. The trust must be created through your will before death, not as a panic measure when care is imminent. The purposes must be legitimate—protecting for children from a previous marriage, ensuring family wealth stays in the bloodline, providing for grandchildren.

The purpose cannot simply be "to avoid care fees." That crosses a legal line that carries serious consequences.

Deliberate Deprivation of Assets—The Legal Line You Cannot Cross

This is the most misunderstood—and most dangerous—aspect of care fee planning.

Deliberate deprivation of assets occurs when someone intentionally reduces their capital to avoid or reduce care fees, at a time when they could reasonably have anticipated needing care.

If the council finds deliberate deprivation, they treat you as still owning those assets. You don't own them anymore—but the council counts them anyway as "notional capital." You must pay care fees you may not have the money to pay.

The council can pursue the person who received the gift. They can place charges on property. They can withhold care services until fees are settled.

Let me destroy the most dangerous myth right now: there is no seven-year rule for care fees.

There is no time limit whatsoever on deprivation investigations. Councils can look back indefinitely. Twenty years. Thirty years. If they suspect deprivation, they will investigate.

The seven-year rule applies to inheritance tax on gifts—not care fees. Confusing the two can be financially catastrophic.

What councils actually assess:

  • Timing: When was the asset disposed of relative to when care became needed?
  • Purpose: Was avoiding care fees a significant motivation?
  • Foreseeability: Could the person reasonably have anticipated needing care?

David's story illustrates what happens when you cross the line.

At 74, David was diagnosed with early-stage dementia. Worried about care costs, he transferred his £280,000 home to his son 18 months later. The council assessed him 14 months after the transfer when his condition deteriorated.

The council found deliberate deprivation. David could foresee needing care when he made the transfer. The £280,000 became notional capital. David had to pay full care fees—but no longer owned the home to sell. His son was forced to sell the house anyway to repay care costs to the council, plus legal fees.

The family paid more than if they'd done nothing, faced legal battles, and permanently damaged their relationship with the local authority.

Contrast this with Susan's story.

At 58, Susan and her husband converted their property to tenants in common and created wills with protective trusts. Their purposes were clear: protecting inheritance for Susan's children from her first marriage, and legitimate estate planning for inheritance tax purposes. They documented everything.

Susan's husband died when she was 66. The trust was created. Susan lived independently for another 13 years before needing care at 79.

When the council assessed the trust, they found no deprivation. It was created 21 years before care was needed, through a will (not a lifetime transfer), with multiple legitimate purposes clearly documented, at a time when care wasn't remotely foreseeable.

The trust was upheld. Half the property value was protected for Susan's children.

What typically constitutes deliberate deprivation:

  • Gifting your home to children when you're already unwell
  • Large cash transfers after a diagnosis
  • Selling assets significantly below market value
  • Deliberately spending savings on excluded items right before assessment
  • Creating lifetime trusts when care is already foreseeable

What typically doesn't constitute deliberate deprivation:

  • Reasonable birthday, Christmas, or wedding gifts made while healthy
  • Inheritance tax planning done many years in advance
  • Paying for grandchildren's education from income
  • Converting to tenants in common and creating protective wills while healthy
  • Selling assets at fair market value for legitimate purposes

The law doesn't prohibit estate planning. It prohibits schemes specifically designed to game the system while taxpayers fund your care.

Legitimate planning with multiple valid purposes, done while healthy, documented clearly, is both legal and prudent.

But the line is clear. Cross it, and you risk losing everything—with none of the protection you sought.

Legitimate Estate Protection Strategies That Work

So what can you legally do to protect your estate? Several strategies exist—but they require early action and proper implementation.

Property Protection Trusts in Your Will

This is the foundation of care fee planning for couples who own property.

Step one: Convert property ownership from joint tenants to tenants in common. This requires a solicitor or licensed conveyancer and typically costs £150-400. Each of you now owns a defined share—usually 50% each.

Step two: Create wills with life interest trust provisions. When the first spouse dies, their share goes into trust rather than to the survivor outright. WUHLD's online service can guide you through creating these wills for £49.99.

What the surviving spouse gets: The right to live in the property for life. The right to any rental income if you rent it out. The right to sell and downsize, with the trust following the proceeds. Full security—they can't be evicted.

What's protected: The deceased spouse's share isn't counted in the survivor's care means test. It's preserved for your children or chosen beneficiaries.

Critical requirements: Create the trust while both healthy. Document legitimate estate planning purposes—protecting for children, bloodline preservation, safeguarding vulnerable beneficiaries. Never cite "avoiding care fees" as the purpose.

James and Alison, both 62, owned a property worth £380,000. They converted to tenants in common and created protective wills. When James died suddenly at 68, his £190,000 share went into trust. Alison lived independently for 11 years before needing care at 79.

Only Alison's £190,000 share was assessed. The trust share was protected for their three children. The difference: £190,000 preserved versus potential total depletion.

Understanding Property Ownership Protections

If your spouse or civil partner lives in your property, it's permanently disregarded regardless of value or ownership structure.

This means if you're a couple and one needs care, the property isn't counted as long as the other remains living there. No property protection trust needed in this scenario—the existing rules protect you.

For couples, the critical planning happens for after the first death—ensuring the first spouse's share is protected from the second spouse's potential care costs later.

Deferred Payment Agreements

Cannot afford care fees but don't want to sell your home immediately? Deferred Payment Agreements (DPAs) may help.

The council pays your care fees and takes a legal charge on your property. You repay when the property sells—usually after your death. Interest is charged, currently around 1.75% above the Bank of England base rate.

Benefits:

  • No forced sale during your lifetime
  • Children can inherit and repay the DPA, keeping the property in the family
  • Gives time for property market recovery if values are temporarily low

Drawbacks:

  • Interest accumulates
  • Not all councils offer them
  • You must have less than £23,250 in other assets to qualify
  • Council must agree (not automatic)

DPAs don't protect your estate—the full amount plus interest is owed. But they prevent rushed sales and allow your property to remain part of your estate planning.

NHS Continuing Healthcare—The Overlooked Option

NHS Continuing Healthcare (CHC) is completely free care funding for people with a "primary health need."

Crucially, it's not means-tested. Your assets are irrelevant. The NHS pays all care costs including accommodation.

Eligibility is assessed based on the nature, complexity, intensity, and unpredictability of your health needs—not your diagnosis. Many people with conditions like advanced dementia, Parkinson's, MS, or cancer qualify, but aren't assessed.

Only 21% of people assessed for standard CHC were found eligible between January and March 2024, but this varies dramatically by region. Appeal rates are high—30-40% of appeals succeed.

You can request a CHC assessment at any time. If you believe you or a family member has significant ongoing healthcare needs, insist on assessment. CHC can be backdated if you should have qualified earlier.

This isn't estate planning—but if you qualify, your entire estate is protected because you pay nothing for care.

Lifetime Gifting—With Extreme Caution

Can you give assets to children during your lifetime? Technically yes—but this is the highest-risk strategy.

Legitimate lifetime gifting requires:

  • Very early action (10+ years before care need is remotely foreseeable)
  • Clear evidence of non-care motivations (helping children onto property ladder, inheritance tax planning)
  • Understanding you lose complete control of the asset
  • Professional advice on capital gains tax implications
  • Acceptance that recipient's bankruptcy or divorce could lose the asset

The risks usually outweigh the benefits. Protective trusts achieve similar goals without these dangers.

If you're considering lifetime gifts as a care fee strategy, consult a specialist solicitor. This is not DIY territory.

When to Act—Timing Is Everything

Estate protection planning has a window of opportunity. Act too late, and you have no options. Act at the right time, and you have maximum legal protection.

Ideal planning age: 55-65

You're healthy. Retirement is visible but care seems distant. This is the strongest legal position. Any planning done now is clearly legitimate estate planning, not care fee avoidance. You have the mental capacity to make decisions. Changes can be documented with clear non-care purposes.

Still valuable: 65-75

Still good timing, particularly if you're in good health with no significant diagnoses. Planning done during this decade is generally well-received by authorities if purposes are properly documented.

Challenging: 75+

Not impossible, but expect more scrutiny. You'll need crystal-clear legitimate purposes. Professional documentation helps. If you're in generally good health, you can still act—but don't delay further.

Too late: After care assessment begins

Once you've been told care is needed, once assessment has started, once capacity is declining—your options are extremely limited. Any transfers now face almost certain deprivation challenges.

You must have mental capacity to change property ownership and create or amend wills. Capacity means you can:

  • Understand the information relevant to the decision
  • Retain that information long enough to make the decision
  • Use and weigh the information
  • Communicate your decision

If capacity is borderline, get medical documentation confirming capacity at the time of changes.

Life events that should trigger an estate protection review:

  • Reaching age 60 or 65
  • Retirement
  • Death of a peer or family member from long-term illness
  • Your own diagnosis of a chronic condition
  • Birth of grandchildren (creating clear beneficiaries to protect for)
  • Remarriage or formation of new partnership

Patricia and Michael were 63 and 65. Patricia's mother had just entered care, depleting her £280,000 estate in three years. Patricia and Michael immediately reviewed their own position.

They converted to tenants in common, created protective wills, documented their purposes (protecting for their four children and nine grandchildren, ensuring family wealth preservation), and stored everything securely.

Fifteen years later, when Michael needed care at 80, half the property was protected. The family received £175,000 they would have otherwise lost.

The cost of that planning? £300 for conveyancing and £99.98 for two wills with WUHLD. The protection? £175,000.

Early action isn't just valuable—it's transformative.

Dangerous Myths That Could Cost You Everything

Let's dismantle the most costly misconceptions that lead families to make devastating mistakes.

Myth 1: "The 7-Year Rule Protects Gifted Assets"

This is inheritance tax law, not care fee law. There is no time limit on deliberate deprivation investigations.

If you gift your home to your children thinking you're safe after seven years, you could face a deprivation finding decades later if the council determines care was foreseeable when you made the gift.

The truth: Councils assess your intention and foreseeability, not elapsed time.

Myth 2: "Putting My House in My Children's Names Protects It"

This almost never works and often backfires spectacularly.

The council can find deliberate deprivation and treat the property as notional capital. You'll owe fees you can't pay because you no longer own the asset to sell.

Even if deprivation isn't found, you face other risks:

  • You lose all control—the property is theirs
  • If your child is sued, divorces, or goes bankrupt, the property is at risk
  • You can't sell if you need the money for something else
  • Capital gains tax implications for your children
  • Potential family disputes if relationships deteriorate

The truth: Protective trusts achieve your goal without these catastrophic risks.

Myth 3: "My Will Can Protect MY Assets From Care Fees"

Your will only takes effect after you die. It cannot protect your own assets from your own care fees during your lifetime.

What a protective will CAN do: protect your deceased spouse's share from being counted in your means test if you survive them and later need care.

What it CANNOT do: protect your own assets while you're alive and need care yourself.

The truth: Your will protects the next generation, not you. You need lifetime planning for your own care costs.

Myth 4: "The Council Will Take My House While I'm Alive"

This causes unnecessary panic and sometimes prompts hasty deprivation.

The reality: The council cannot force you to sell your home during your lifetime. They assess its value and determine you must pay fees, but they offer deferred payment agreements so you don't have to sell immediately.

The property will ultimately be used to repay care costs (usually after death), but there's no forced sale while you're alive.

The truth: Assessment doesn't mean immediate seizure. DPAs provide breathing room.

Myth 5: "Spending Money on Excluded Items Protects It"

Some people think buying expensive cars, jewelry, or making lavish home improvements right before a care assessment will protect assets since these items are excluded.

If the council determines you deliberately spent savings on excluded items specifically to reduce assessable capital, they can find deprivation.

Sudden unusual spending patterns when care is foreseeable trigger scrutiny. Normal spending over time is fine. Panic-spending £40,000 on a luxury car when you've been driving a modest vehicle for decades? That's likely deprivation.

The truth: Councils assess spending patterns and motivations, not just ownership.

Special Circumstances and Complex Situations

Not every situation fits the standard planning template. Several scenarios require specialized consideration.

Unmarried Couples and Care Fees

Marriage and civil partnerships provide automatic property disregard when one partner needs care. Unmarried cohabiting partners may not receive the same protection in many councils' interpretations.

If your unmarried partner enters care, your council may include their share of your jointly-owned property in the means test even though you still live there.

This makes property protection trusts even more critical for unmarried couples. Converting to tenants in common and creating protective wills provides certainty that the first partner's share is preserved regardless of the survivor's care costs.

Some couples in long-term relationships choose civil partnership specifically for the care fee and inheritance protections it provides.

Blended Families—Protecting Children From Previous Marriages

Robert, 69, married Janet, 64, after both were widowed. Robert had three children from his first marriage. Janet had two.

They wanted to ensure their own children ultimately inherited their respective assets, but also wanted to provide for each other.

They created life interest trust wills. When Robert died, his share went into trust. Janet could live in the property for life. When Janet eventually died, Robert's share passed to his three children, and her share to her two children.

Ten years after Robert's death, Janet needed care. Only her share was assessed. Robert's children's inheritance was protected.

This is one of the strongest legitimate purposes for property protection trusts. Courts consistently uphold these trusts because the purpose—protecting bloodline inheritance—is clearly non-care-related.

If you're in a second marriage or partnership with children from previous relationships, protective trusts aren't just care planning—they're essential family wealth planning.

Adult Children Living in Parental Home

If your adult child lives in your property, it's generally not automatically disregarded when you need care. They're adults and capable of living elsewhere (in the council's view).

Two critical exceptions exist:

If your adult child gave up their own home to care for you, councils have discretionary power to disregard the property—but it's not guaranteed.

Many adult children do lose their childhood homes to parental care fees. If you're concerned about this:

  • Document caregiving arrangements if your child is caring for you
  • Consider life interest arrangements specifically for the adult child
  • Explore whether shared ownership might work in your situation
  • Seek specialist legal advice early

One Spouse Already in Care

Thomas was already in a care home when his wife Elizabeth received terminal cancer diagnosis. Their home was disregarded while Elizabeth lived there. But what would happen when Elizabeth died?

When the spouse at home dies, the property becomes the care home resident's sole estate and is now assessable. Elizabeth urgently needed to create a protective will leaving her share to their children via trust, not outright to Thomas.

She did. When Elizabeth died, her share went into trust. Thomas's care fees continued being assessed against only his original share plus other assets. Half the property value was protected for their children.

If your spouse is already in care, updating your will with protective provisions is still valuable. It protects from this point forward.

When Mental Capacity Is Lost

If someone loses mental capacity before creating these protections, options become severely limited.

You cannot change property ownership without Court of Protection approval. You cannot make significant gifts without authority in a Lasting Power of Attorney or court permission. Attorneys and deputies have very limited ability to do care fee planning.

This is why advance planning is so critical. Once capacity is lost, the window closes.

Creating a Care-Fee-Aware Will—What to Include

Your will is the cornerstone of any estate protection strategy. Here's what a care-fee-aware will should address.

Property Ownership Clause

Specify how you own property—joint tenants or tenants in common. If you're currently joint tenants, your will might note your intention to sever to tenants in common (though this must be done separately).

If you own as tenants in common, confirm your defined share (typically 50%).

Life Interest Trust Provisions

For couples wanting protection, include provisions that:

  • Direct your share into trust on death (not outright to spouse)
  • Grant your spouse life interest (right to occupy for life)
  • Name trustees (often the spouse plus adult child or professional)
  • Specify ultimate beneficiaries (who inherits when life tenant dies)
  • Grant powers for maintenance, downsizing, and exceptional circumstances

WUHLD's platform guides you through these provisions with clear explanations of each element.

Clear Statement of Purpose

Document your reasons for the trust structure. Valid purposes include:

  • Protecting inheritance for children or grandchildren
  • Ensuring family wealth remains in bloodline
  • Protecting children from previous relationships
  • Providing for vulnerable beneficiaries
  • Safeguarding against future uncertainties

Never state "to avoid care fees" as a purpose. The legitimate purposes above achieve protection as a side effect.

Guardian Appointments

If you have minor children, appoint guardians. This is a separate issue but essential.

Executors and Trustees

Name who will administer your estate and who will manage any trusts created by your will. Consider appointing your spouse plus an adult child, or a professional if family dynamics are complex.

Residuary Estate Distribution

Specify how remaining assets beyond property are distributed. You might also include trust provisions for other substantial assets.

Funeral Wishes

While not binding, these guide your family and can be included.

What WUHLD Helps With

WUHLD's online service includes:

  • Guidance on property ownership options and implications
  • Life interest trust templates for couples wanting property protection
  • Explanations of trustee roles and responsibilities
  • Clear language avoiding legal jargon
  • The ability to preview your entire will before paying
  • Secure online storage (£12.50/year optional)
  • The ability to update as circumstances change (new will required, same low price)

For £49.99—less than one day's nursing home costs—you can create a professionally structured will that could protect £100,000+ for your children.

What May Require a Solicitor

Consider consulting a specialist solicitor if you have:

  • Very high-value estates (£1 million+)
  • Complex business assets or partnerships
  • Overseas property
  • Disabled beneficiaries requiring specialist trusts
  • Contentious family situations or expected challenges
  • Agricultural property or business property relief considerations

For straightforward estates with property protection needs, WUHLD provides the same protective structure at a fraction of solicitor costs (£450-900+).

Your Complete Estate Protection Action Plan

Knowing what to do is one thing. Taking action is another. Here's your step-by-step roadmap.

Step 1: Review Your Current Situation (This Week)

Property ownership: Check your title deeds or Land Registry documents. Are you joint tenants or tenants in common? Most couples default to joint tenants unless they've specifically changed it.

Existing wills: Do you have wills? When were they created? If before 2010, they're likely outdated. Do they include trust provisions or leave everything outright?

Asset valuation: What's your property worth? What other assets do you have? Rough figures are sufficient for planning purposes.

Relationship status: Married? Civil partnership? Unmarried couple? This affects automatic protections.

Family structure: Any children from previous relationships? This creates additional legitimate purposes for trusts.

Health status: Honest assessment of your current health and family longevity. This informs timing urgency.

Step 2: Educate Yourself on Options (This Week)

Read thoroughly: Don't skim. Understanding deliberate deprivation rules and legitimate strategies is essential to making informed decisions.

Review official guidance: Read Age UK Factsheet 38 on property and care fees.

Check local policies: Your council's website should have information on their specific means testing approach.

Explore NHS Continuing Healthcare: Review NHS eligibility criteria to understand this option.

Step 3: Consider Property Ownership Change (This Month)

If you're currently joint tenants and want property protection, you'll need to sever to tenants in common.

Contact a conveyancer or solicitor for a "severance of joint tenancy" or "transfer to tenants in common." Costs typically range £150-400.

Document your reasons: estate planning clarity, protecting for children, ensuring each spouse's share passes according to their wishes.

Complete this before health deteriorates if possible. While you can sever later, earlier action has stronger legal footing.

Step 4: Create or Update Your Will (This Month)

For straightforward estates: Use WUHLD's online service to create protective wills with life interest trust provisions. £49.99 per will.

For complex situations: Consult a specialist solicitor. Expect £450-900+ for trust wills.

Include life interest trust provisions if you own property as tenants in common. Document your estate planning purposes clearly within the will drafting process.

Ensure your spouse or partner creates a mirror protective will—both of you need this structure.

Step 5: Review Every 5 Years or After Life Changes (Ongoing)

Wills should be reviewed regularly, particularly after:

  • Divorce or remarriage
  • Birth of grandchildren
  • Death of a beneficiary or executor
  • Significant property value changes
  • Changes in law
  • Diagnosis of significant health conditions (while you still have capacity)

Step 6: Document Everything (Ongoing)

Keep records of when you made planning decisions and why. Note your health status at the time. Document your non-care purposes for any trusts or planning.

Store these documents with your will. WUHLD offers secure online storage for £12.50 per year.

Step 7: Communicate With Family (When Appropriate)

Consider discussing your plans with adult children. This:

  • Reduces confusion and disputes later
  • Helps them understand their role as trustees if appointed
  • Sets expectations about inheritance
  • Allows discussion of care preferences
  • Prevents panic decisions if your health changes

Don't commit to gifting assets during this discussion. Explain your legitimate planning instead.

Take Control Before It's Too Late

The reality is stark: at current care home costs, a £300,000 estate can vanish in 3-4 years. The means test threshold frozen at £23,250 since 2010 seems designed to punish thrift and reward those who spent everything.

But legitimate protection options exist—if you act while healthy, with clear estate planning purposes, and proper documentation.

You cannot game the system. Trying to gift away your house when you're already unwell will backfire spectacularly. You'll face deprivation findings, lose your home anyway, and have no assets left to pay the fees you still owe.

But you can plan thoughtfully, protecting your family while staying on the right side of the law.

The key elements:

  • Convert to tenants in common while healthy (so each owns a defined share)
  • Create wills with life interest trusts (so the first spouse's share is protected)
  • Document legitimate estate planning purposes (protecting for children, bloodline preservation)
  • Act early—the earlier you plan, the stronger your legal position
  • Update regularly as circumstances change

Your children shouldn't lose their inheritance because you needed care in your 80s. The care home fees crisis won't be fixed by government anytime soon. But you can protect what you've built—starting today.

WUHLD's online will service includes clear guidance on property protection trusts for couples. For £49.99—less than one week's care home costs—you can create a professionally structured will that protects up to 50% of your property value for your children.

Preview your entire will free. No subscription. No hidden fees. No pressure.

Create your estate-protecting will with WUHLD tonight. Your family's future depends on the decisions you make today.

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Legal Disclaimer: This article provides general information about UK care home fees and estate planning strategies. It does not constitute legal or financial advice tailored to your specific circumstances. Care fee assessment rules can vary by local authority, and your individual situation may require professional guidance. For advice specific to your situation, please consult a qualified solicitor or independent financial advisor. WUHLD's online will service is suitable for straightforward UK estates; complex situations involving high-value assets, overseas property, disabled beneficiaries, or contentious family circumstances may require specialist legal advice. Any estate planning must be undertaken for legitimate purposes and in compliance with UK law. This article was last updated in October 2025.

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