I can see no obvious remedy here with regards to changing any Wills or trust planning. Its not clear whether anybody else lives in the property, but if a relative over 60 (other than your mother) was living in the property when your father went into care it should be disregarded. It’s also worth knowing that your Nan shouldn’t have to sell her property in her lifetime to pay the care home fees, if she doesn’t wish to. The Care Act 2014 is clear on this.

However, there are other pitfalls involved in simply gifting your house to your children. These range from the problem of one child dying, divorcing or going bankrupt while still owning a share of your property to the children or ‘throwing out’ the person owns the house. Very importantly, when the children come to sell the house there would be capital gains tax to pay on any rise in the price of the property. Therefore the property should continue to be disregarded in your mum’s financial assessment for permanent residential care, for as long as your sister remains living there.

It sounds as though your mum was receiving Continuing Health Care (CHC) funding and this has now been removed. You may wish to challenge this if you feel that your mum still has a primary health need. We have information on how to challenge the decision in our When Does the NHS Pay for Care booklet: https://www.alzheimers.org.uk/get-support/publications-and-factsheets/b… If she buys the property from them, then that money will form part of the means test if either parent needs residential care, or even care at home.

My question is; would there be any special allowance that would permit me to live in the property, and to inherit it upon my mothers death, as is her wish? I am under 60.

Hubby and I are considering changing to tenants in common to protect our kids inheritance should one of us go into care. A second charge mortgage, also known as a secured loan, is not much different from a standard mortgage or further advance. Mum 4 years ago set up a Will gifting her flat to me upon death, so as long as she pay council tax ect she lives there till she dies, I’m the only child. Nominated by their children, a group of looking-for-love contestants have moved into the My Mum, Your Dad house to find the one.