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27/04/2011 21:44:46 blakes11 Posts: 1	Hi all, Really hope someone can help me or point me in the right direction. Its a bit of a complex situation but i'll do my best to explain. My family own a farm. The farm is split between my grandfather and his nephew on a 50:50 basis. This is reflected in the paperwork, showing the two arms of the family owning 50% each. My grandfathers half is split between his 4 children, my mother being one. Quite obviously a very complex ownership hierarchy and one which means he owns less than the 50%. More recently my grandfather has been taken into care after 3 years of home care funded by the local authority. I've found out today that because his name is listed as owning 50% of the farm the local authority are pursuing the farm for complete payment of his residential care. My aunt currently lives in the farmhouse with my young cousin and should they manage to succeed in taking money from the farm, it would most probably have to be sold and this would effectively render them homeless as we have no cash residues to fall back on. It also means that the other half of my family who own the farm and work a huge amount on it are losing out. Can a local authority pursue my family for the money my grandfather has in the farm when so many livelihoods depend upon it, as well as it being home to my aunt and cousin? I'm hoping someone can point me in the right direction of some relevant laws relating to this type of case or offer some other bits of advice which i can research further. Very many thanks in advance. Steve
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13/07/2011 12:25:33 www.clicklegalservices.co.uk Administrator Posts: 374	There is a general post on this at http://www.clicklegaladvice.co.uk/topic354-trusts-gifts-and-nursing-home-charges--10-points.aspx?MessageID=838#post838. My initial view is that I think they may be able to. This is the type of matter though, which would need very detailed consideration of the law and facts and details of all the parties - including those not named as legal owners - respective beneficial interests, and frankly for Counsel's advice to be taken on this very specialised area of law.
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