Will the Local Authority consider my financial assessments in detail?
In an age of austerity, Local Authorities scrutinise financial assessments thoroughly, emphasising the importance of expert advice. Our team can guide you through this process and protect your interests effectively.
What happens if the Local Authority proves deliberate deprivation?
They may treat the gifted asset as if it were still owned by you, recover its value, initiate legal proceedings, or seek removal of an Attorney or Deputy.
How can HK Law assist me in making appropriate gifts in appropriate circumstances?
Our experts provide guidance on making gifts and ensure compliance with asset protection laws. We liaise with Local Authorities to rectify issues and secure the best outcome for you.
I received an inheritance and want to execute a Deed of Variation. Is this deliberate deprivation?
Unfortunately, varying an inheritance through a Deed of Variation could be argued as deliberate deprivation of assets, similar to giving it away.
I received an inheritance but want to give it away. Is this deliberate deprivation?
It is possible if you anticipate the need for residential care in the future.
I transferred my property to my daughter, and I pay her rent. Does this protect me?
No, the payment of rent does not shield you from allegations of deliberate deprivation of assets. The transfer may still be considered as such.
I transferred my property to my son, but he’s going through a divorce. What about my security?
Deliberate deprivation may have occurred, and your occupancy may be at risk if the property is considered a marital asset.
Can the Local Authority disregard gifts made more than 7 years ago?
No, there is no time limit beyond which the Local Authority cannot consider gifts made.