LTC furore sparked after BBC probes trust business

Author: Rachel Dalton
IFAonline | 27 Oct 2011 | 13:00

Categories: Estate Planning| Long Term Care

Topics: Trusts| Long Term Care| TCF

bbc-sign

A row has broken out over the use of trusts to avoid long term care (LTC) fees after a BBC investigation.

BBC East's Inside Out, which aired this week, focused on Universal Group, which is marketed as selling ways to avoid care fees.

Whilst the firm will be investigated by the Society of Trust and Estate Practitioners (STEP), other estate planners claim the programme was unfair.

The firm's owner and STEP member Steve Long is shown in the programme holding seminars in which he says putting money into a trust will exempt the money from care fee assessments.

Long's former clients said he charged £3,000 to set up each trust, to be paid immediately.

The programme also claimed Long lied about his status as an accountant and lawyer.

David Harvey, chief executive of the trade body, said: "We have a robust disciplinary procedure and will be making a full investigation of the business practices revealed by the BBC.

"There is no guaranteed way of avoiding care home fees by placing assets into a trust.

"We would like the Government to take firm action to resolve the uncertainties in this area but meanwhile we expect any STEP member advising a client to give them very careful warnings of the potential pitfalls of schemes aimed at avoiding care home fees."

Industry reactions to the programme have been mixed. Steve Wilkes, director of Silver Lining Estate Planning, said: "Inside Out on BBC East was the worst piece of journalism I have ever seen.

He said the journalists had made "themselves look silly while ruining [Long's] business".

However Pierre Arman, a graduate at actuarial firm Nigel Sloam, said placing money into trust will only exempt it from care fee assessments if avoiding care fees is not the main purpose of the trust.

"You need a proper reason to [put money in trust]; if not the government will treat the trust as a part of your assets and you would be a double loser, paying care fees and the fees of the ‘nice expert'," said Arman.

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Sorry?

Can someone please explain what relevance to the subject have the comments of a 'graduate at an actuarial company'?

Posted by: David Cowell, Myddleton Croft

27 Oct 2011 | 14:53
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Arman is correct.

I agree an actuarial graduate may not be the first port of call but he is correct. The motive for placing assets into trust is the key to remaining outside of the estate but it cannot be'delberate deprivation of assets' in relation to care fees.

Posted by: Peter Taylor

27 Oct 2011 | 15:32
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Calm down dears.

Unfortunately when it comes to some topics the BEEBs lefty proclivities seem to come to the fore. Those of us who have a clue know that there are myriad ways of achieving satisfactory ends for our clients – given sufficient time to plan properly. I concede that last minute arrangements do make a successful outcome much more difficult and less likely. It is as always – the richer you are the easier it gets.

Posted by: Felix Godwyn

27 Oct 2011 | 18:19
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Good News

However Pierre Arman, a graduate at actuarial firm Nigel Sloam, said placing money into trust will only exempt it from care fee assessments if avoiding care fees is not the main purpose of the trust. Therefore, he agrees that putting assets into trust will avoid care fees - if that is not the reason for doing it. A good reason for putting assets into trust is that it will avoid probate costs. A pretty good reason for doing it?

Posted by: Jerry

27 Oct 2011 | 22:05
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