Elderly clients disposing of property interests

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Private Client expert
Practice notes

Elderly clients disposing of property interests

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Private Client expert

Practice notes
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Elderly clients frequently seek advice from their professional advisers on how to dispose of their house to relatives, either permanently or so that they no longer own it but can remain living there. The first is relatively simple but often not sensible, while the latter can create any number of problems. Property interests consist of those in freehold and leasehold property. Leasehold property is generally understood to mean a long lease that looks and feels like full freehold Ownership. However, clients may sometimes also wish to pass on various types of shorter tenancies.

A property is generally the client's single most valuable asset both in monetary and psychological terms. Property ownership can, in some circumstances, defeat claims to benefits that the client feels should be available to them but, on the other hand, can also be important to the client’s continued independence. There is no doubt that the fear of future care is a motivating factor in the attempt by many elderly clients to have their cake and eat it.

It should be noted that some

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Jurisdiction(s):
United Kingdom
Key definition:
Ownership definition
What does Ownership mean?

The term ownership denotes a wide array of rights over property.

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