Hello, my name is XXXXX XXXXX I have a very IMPORTANT question.

If you do that you would incur stamp duty as if you had just purchased the property so I wouldn't recommend that approach.

I suggest you engage a lawyer for your mother to work out the status of this carer, i.e. whether and to what extent he or she is likely to have a claim on the estate. If he credibly does have a claim then a fully briefed lawyer may be able to propose various options for minimising the strength of such a claim (which might include making a new will and attaching a statement explaining precisely why no or only a modest provision is made out of the estate for this person).

As the strength of any claim will depend on a great variety of circumstances, only a fully briefed lawyer can give you firm advice about the best approach to minimise such a claim. I have referred you to the relevant legislative provisions and given you general advice that if he is not a properly paid carer, but really a volunteer then likely he will be entitled to make some claim, but only a fully briefed lawyer will be able to work out the best way to minimise his potential entitlements.

I trust the above assists your understanding.

If you have a follow up question, please ask and I will attempt to assist you further, otherwise please rate my answer so that I can be paid for my time and effort.

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Thank you,

Patrick

Hello again,

If there is a contract in place then that suggests he is being paid for his services (the terms of the contract and what he receives under it should tell you whether this is the case), in which case it would be very difficult for him to make a successful claim on the estate.

Even if he were technically eligible to make a claim, that does not mean he will succeed and courts are generally very reluctant to award significant claims to non family members except in special circumstances. Whilst the court's discretion is wide and cannot actually be fettered by a contract, if there is an agreement which makes it clear this person had formally agreed not to make a claim against the estate, or indicates that this person has already been rewarded for the services he has provided, then it would be unusual for a court to entertain any significant claim by such a person, and indeed the court may take a very dim view of anyone making such a claim in such circumstances.

Also be aware, the court's view of the contract will not alter simply because of time, unless the arrangement contemplated by the contract changes over time. For example if the agreement was that in return for accommodation he performed ordinary household chores for your mother, but over time he performed more work and provided considerably more care than was contemplated in the agreement, then naturally the contract would be less relevant over time.

I trust the above assists your understanding.

If you have a follow up question, please ask and I will attempt to assist you further, otherwise please rate my answer so that I can be paid for my time and effort.

Please note that I am only paid out of the previously deposited funds if you score me with 3 or more smileys/stars.

Thank you,

Patrick

He has no automatic right to the home and there is no legal principle that would lead a court to make such an order.

However, if he is not being paid to at commercial rates to provide care services but merely receives free rent and board or some allowance short of a proper wage, then a court may be sympathetic to him if he makes a family provision act claim and may make some provision for him out of the estate.

Unfortunately, unless he is being paid a commercial rate and is otherwise not dependent on your mother in any other financial sense then there unfortunately is no absolute way to protect your mother's estate from such a claim unless you or her other natural beneficiaries take over the care of your mother or she otherwise assigns her estate over to her preferred beneficiaries during her life (and simply accepting the stamp duty and other consequences of doing so).

Because it involves the court exercising a rather subjective judgment as to whether he should have been provided for in the circumstances, rather than a black or white legal principle, it is not possible to give a black and white answer as to whether he would succeed. Provided he is properly paid as a carer it is unlikely he would succeed. If he is not properly paid then I think he would have good prospects of receiving something, as the court will feel sympathy for him, but how much depends on weighing his needs against the needs and situation of any other potential beneficiaries, including yourself. It will also be relevant how long he provides such assistance. If it is only for a couple of years he would likely only recieve a minor apportionment at worst. If he ends up caring for her for 20 years without proper payment the court might be very generous indeed.

If my answers seem imprecise that is not me trying to be evasive, it is a consequence of a law which leaves wide discretion to the court and whose decisions may be influenced heavily by facts which are not known or knowable such as how long the care will be provided, and the various financial circumstances (at the time of your mother's death) of both this carer and any other beneficiary or claimant.

If you absolutely want to guard against the possibility of such a claim simply make sure he is paid a commercial rate for his care services or provide the care yourself. Otherwise the court will generally be able to decide the matter as it sees fit if an application is made.

I trust the above assists your understanding.

If you have a follow up question, please ask and I will attempt to assist you further, otherwise please rate my answer so that I can be paid for my time and effort.

Please note that I am only paid out of the previously deposited funds if you score me with 3 or more smileys/stars.

Thank you,

Patrick