Worried about the cost of care in later life? You’re not alone. At Bromleys Solicitors, we’re often asked:
“Can I put my house into a trust so I don’t have to sell it to pay for care?”
It’s a common concern — but the answer isn’t as simple as it might seem. Let’s break it down.
What Happens When You Need Care?
If you move into a care home, the local authority will check your finances under the Care Act 2014 to see if you need to pay for your care. This includes looking at your savings, income, and assets like your home.
If your assets are over £23,250, you’ll likely have to pay for some or all of your care yourself.
What the Law Says
Under the Care Act 2014, local authorities are allowed to treat you as still owning an asset if they believe you gave it away to avoid paying for care. This includes
- Gifting your home to someone else
- Putting your home into a trust without a valid reason
If they decide this was done deliberately, they can include the value of the home in your financial assessment — and even take legal action to recover care costs from the person who received it.
Can a Trust Protect My Home?
Some people think that putting their home into a trust will stop the local authority from counting it in their assessment. But if the council believes you did this just to avoid care fees, they can still treat you as if you own the home. This is called “deliberate deprivation of assets.”
In other words, even if you gift your home or place it in a trust so it’s no longer in your name, the local authority can ignore the transfer and still include it in your financial assessment if they think it was done to avoid care charges.
What Could Happen If They Decide It’s Deprivation?
If the council decides you’ve deliberately reduced your assets:
- They can deny local authority help with care costs.
- They may include your home as an asset in your financial assessment, even if it’s no longer in your name.
- In some cases, they may pursue legal action against the person that received the asset to recover care.
Putting your home in a trust just to avoid care fees often doesn’t work — and it could cause legal problems for you and your family.
Are there good reasons to use a trust?
Yes – trusts can be really useful when used for the right reasons. For example:
- To protect your share of the home for your children if your partner survives you.
- To support a vulnerable family member.
- To manage inheritance tax and pass on assets more efficiently.
These are all valid reasons to set up a trust – and we can help you do it properly.
How Can Bromleys Help?
At Bromleys, we don’t believe in one-size-fits-all advice. Everyone’s situation is different — your age, health, finances, and family all matter.
We’ll help you plan for the future with expert advice on:
- Wills and Trusts
- Inheritance Tax Planning
- Lasting Powers of Attorney
- Care Fee Planning
Let’s Talk
If you’re thinking about how to protect your home or plan for future care, talk to us first. We’ll help you make the right choices — legally and safely.
Call us on 0161 330 6821 Or email bromleys@bromleys.co.uk