Severance of Joint Tenancy
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A Severance of Tenancy is extremely important for couples who wish to make use of a Will Trust or a Wealth Preservation Family Trust to reduce their liability to pay Care Home Fee’s to the Local Authority.
A Severance of Tenancy is extremely important for couples who wish to make use of a Will Trust or a Wealth Preservation Family Trust to reduce their beneficiaries payment of Inheritance Tax to the Government I.e. the value of your and your partners Estate is sufficient, the Government can charge your children Inheritance Tax when they inherit your Estate. Inheritance Tax is currently calculated at 40%, this can reduce the amount of money your children inherit dramatically. it is a completely legal way to reduce your children's Inheritance Tax bill by up to 100%.
A Severance of Tenancy offers a significant degree of financial protection from being repossessed if you or your partner get into financial difficulty with creditors in the future
What should I do now?
Most couples who used a Mortgage to buy their home or who have not received professional Estate planning advice own their home and any investment properties as Joint Tenants. Whilst owning a property as Joint Tenants can be practical in that if one partner dies the survivor inherits the total value of the property outright irrespective of what might be written in a Will, it can also have very contrary financial implications e.g. If the time comes where one co-owner should need to be assessed for care costs the whole value of the property would be means tested. The care costs are significantly high (£600 - £900 per week) and if there is not enough savings to cover the cost then the debt, repayable to the Local Authority, is placed on the home and must be paid back when the house is sold. Therefore, the amount of money your children inherit can dramatically reduce. By changing the ownership of two or more names from Joint Tenants to Tenants in Common means that each of the co-owners own a share of the property allowing each co-owner of the property to dispose of their share/interest in the property according to the wishes laid out in their will. Referred to as a Severance of Tenancy this legally binding document can reduce the liability to pay Local Authority Care Home fees by up to 50%.