When Bob Myers was diagnosed with dementia, his children did what any family would do: they turned to the council for help. Bob clearly needed care, and his children were told he should qualify for NHS Continuing Healthcare. But the council disagreed.
Within five months, Bob was charged more than £30,000 in care fees. Then came the blow that broke his children’s hearts — the council informed them that Bob’s home would need to be sold to pay for the ongoing costs.
His children believed they had no choice. They prepared themselves for the sale of the family home, the loss of their father’s savings, and a future burdened by debt.
Then everything changed.
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Request Your Free Estate Planning ReviewThe Discovery That Stopped the Sale
Just as the house was about to be sold, Bob’s children discovered something their father had quietly put in place years earlier: a living trust.
Bob had transferred his home into a trust while he was still healthy, with clear instructions:
- The trust owned the property during his lifetime.
- When he passed away, the home would pass to his children through the trust.
- Only they could decide whether to keep it in trust or remove it.
When the children explained this to the council — that they legally could not sell the home because it didn’t belong to Bob anymore — the council’s response was blunt:
“Well, you beat the system. Congratulations.”
The children were stunned. They hadn’t “beaten” anything. They had simply followed their father’s wishes.
A Solicitor Sets the Record Straight
Confused, they went to a solicitor, who explained the situation clearly:
- A property held in trust is owned by the trust, not the individual.
- It cannot be means‑tested for care fees unless it is removed from the trust.
- Bob had acted years before his illness — meaning there was no deprivation of assets.
- And crucially, the council should have left Bob with £23,250 in savings. Instead, they had taken all £30,000.
A single letter was sent to the council.
Within three weeks, £24,000 was returned.
The children had believed the savings were gone forever. They had believed they owed £178,000 from the forced sale of the home. Suddenly, everything changed.
The Children’s Words
“We didn’t do this for the money. We planned to sell the home — but only when we were told we couldn’t until Dad passed away, as per his wishes, did we realise the trust protected everything. Dad set it up to keep control and make sure his home went to us, not to a future partner or step‑family. We had no idea it would save his estate.”
A Solicitor’s Perspective
A local solicitor added an important clarification:
“Trusts work the majority of the time, but there is a thin line between legal planning and illegal deprivation of assets. Setting up a trust after diagnosis to avoid care fees is deprivation. Bob did what everyone should do — he planned early, long before illness, to protect his estate and ensure his wishes were honoured.”
Bob didn’t set up a trust to avoid care fees. He set it up to protect his home, avoid family disputes, eliminate probate, and ensure his children inherited equally.
He never expected to get ill. But because he planned ahead, the trust did exactly what it was designed to do.
The Bigger Message
Trusts are often seen as tools for the wealthy. In reality, they are one of the most powerful ways for ordinary families to:
- Protect their home
- Avoid unnecessary tax
- Prevent disputes
- Honour their wishes
- Shield their estate from unexpected life events
Bob’s story is a reminder that planning early isn’t about beating the system — it’s about protecting your family.
And in his case, it worked exactly as intended.
And importantly, finding out how to protect your home doesn’t need to be expensive. If you’re over 60 and living permanently in the UK, you can request a free estate‑planning review through the Later Living Helpline. They arrange online appointments with a specialist estate planner who will confidentially review your situation, explain whether you’re within the legal limits to protect your home, clarify how trusts work in relation to care fees, and outline the exact steps needed to safeguard your family home from unexpected events — including future care costs.
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