Advice For The Elderly

BHP Law offers a range of legal advice for the elderly, including Will advice and Inheritance Tax Planning.

Placing your property into Trust

BHP Law can advise in relation to placing your property into Trust during your lifetime, to hopefully protect it for your children. If you are married, we can talk about creating a Trust in your Will to hold the half share that belongs to whichever of you dies first. This only protects the value of half the house, but may work better. There are pros and cons to each choice and we can help you weigh them up to make the decision that is right for you.

Needs assessment and attendance allowance

When a person becomes unable to manage on their own in their home, it does not necessarily mean they have to move into care. The local council can be approached to carry out an assessment of needs with a view to providing a care package at home. BHP Law can help with this if you don't know how to go about it.

As to whether you have to pay for the care package, this will depend upon the type of care you need and your financial situation. A financial assessment would be made of your assets. If you do have to pay for the care, then you can make claim for "attendance allowance" and we can advise on this if you need us to. 


Moving into a residential home

If a move into a residential or nursing home becomes necessary, then care should be taken over the home chosen. You need to be confident that you will be well looked after in safe, friendly surroundings and that there are sufficient staff and facilities to meet your needs. Again, an assessment of needs should be undertaken by the local authority to make sure the right home is found. We can help with this if you would like us to. 

If your assets are above £23,250 then unless you need care which entitles you to NHS continuing care funding, you will have to pay for your care. 

If your main asset is your home, its value will be disregarded for 12 weeks. After that, the local authority will help with funding your care by providing you with an interest free loan, repayable when the property is sold. When you die, interest will become payable on the loan after 56 days. 

If you are in a care home on a permanent basis, then your property should be exempt from council tax whilst it is on the market for sale. Its value is also disregarded when assessing your entitlement to Pension Tax Credit.


Further legal advice for the elderly

Don't sit around worrying about the future, come and talk to us - we have a wealth of legal advice for the elderly and are only too happy to help.

Do you need help obtaining money via an equity release scheme? We have a network of Independent Financial Advisors we can introduce you to.


Contact us about advice for the elderly

Call us today for a free no obligation chat on 0800 590019 to talk to a member of our team within your local BHP office in either Newcastle, Durham, Darlington, Tynemouth or Stockton in Teesside. 




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Your Wills, Trusts & Probate Team

Helen Biglin


Helen qualified as a solicitor in 1993 and at that time joined Walton Hardy & Clough in Darlington as a member of their Wills, Trusts & Probate team.…

Akkelin Harris


Akkelin advises on matters relating to Wills, Trusts and Probate as well as Lasting Powers of Attorney and Court of Protection applications. She is a…

Michelle Coulson

Senior Associate

Michelle qualified as a solicitor in 2006, specialising in criminal law. In 2013, Michelle also trained in private client services and private family…

Laura Vipond


Laura has worked in the legal profession for over 20 years. She completed her training at J W Mitchell Dodds & Co and remained at that firm when it merged…

Lucy Watson


Lucy studied law at Newcastle University before completing her LPC in York and qualifying as a Solicitor in 2017. She is proficient in all matters relating…

Bethany Pickering


Bethany was born and raised in Middlesbrough and has always had a commitment to developing her law career locally. She started her journey studying law…

Peter Leach

Chartered Legal Executive

Peter is a Fellow of the Institute of Chartered Legal Executive and has over 35 years experience in dealing with Probate matters. Peter joined BHP Law…

Lucy Burgess

Apprentice Solicitor

Lucy joined BHP Law as a Solicitor Apprentice in September 2022. As an apprentice, Lucy will experience working within different departments over the…

Jack Collins

Apprentice Solicitor

Jack joined BHP in September 2020 as an Apprentice Solicitor in our Family Team. In year one of the apprenticeship Jack predominantly assisted with private…

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