The cost of residential care in England continues to rise. In 2026, the average annual cost of a care home is approximately £52,000, while nursing care averages £72,000 per year. These costs can quickly deplete a lifetime's savings.
When you need care, your local authority will carry out a financial assessment. If your assets exceed the upper capital limit (currently £23,250 in 2026), you will be expected to fund your own care until your assets are reduced to that level.
Your home is usually included in the assessment if you move permanently into a care home, unless a qualifying person still lives there — such as your spouse, partner, or a dependent relative.
This is where Property Trusts can play a vital role. By placing your share of the property into Trust through your Will, you can help protect it for your beneficiaries. The Trust ensures your share is ring-fenced and doesn't form part of the surviving partner's assessable assets.
It's important to act early. If you transfer assets to avoid third-party claims when care is already needed or foreseeable, the local authority can treat this as a 'deliberate deprivation of assets' and assess you as if you still own them.
The government's proposed cap on care costs has been delayed several times. In 2026, there remains no cap in place, making proactive planning essential.
At Castle Family Legal, we specialise in Property Trust Wills designed to protect your family home. Contact us for a free consultation to discuss your options.
