My mum is in a care home – can dad leave their house to us children instead?

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My mother has recently moved out of her home where she lived with my father, which they jointly own, into a dementia care home permanently. My father still lives in the house.

My mother’s care was arranged by social services who part pay the cost and my mother/father pay the assessment plus top up as the home costs a lot more than the council’s assessment figure.

Their wills are arranged so that the house goes to the surviving partner when one of them dies and then is shared between the children when the remaining partner passes.

As my mother will never be able to return home dad wants to change his will so that his half of the house goes directly to the children. Can he change his will in that way?

Will dilemma: If mum has moved to a care home, should dad leave his share of the family house to their children instead?

Chris Keenan, director at Solicitors for the…

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