Fair Deal/Nursing Homes Purchase house and land from Brother with a stipulation that he is entitled to remain in the house for his remaining days

[Fionn Brennan]

My brother in law has had some medical problems recently. He lives in a small rural run-down cottage with small adjacent land parcel. He wants my husband to buy his house and land with a stipulation that he is entitled to remain in the house for his remaining days. His motivation is that he could pay off his debts and have a small nest egg and after 5 years should he have to go into a nursing home, he would have no assets. The house and land is currently valued at €65,000

My questions are

My brother in law having the house his day does that have implications on the assessment/fees for the Fair Deal scheme.

What is the tax implication if any for my husband if

1. My bother in law dies within 5 years of the sale of his house and land
2. If he dies after the 5 years of the sale of his house.

 

[Peanuts20]

From a Fair Deal perspective, my understanding is that the house will remain in scope until the 5 years from the sale have passed.

I'm afraid I can't comment on the tax side of things but you would also need to consider who is responsible for paying insurance, utilities and LPT for starters.

 

[Brendan Burgess]

Keeping things simple is important. Buying a house you don't want with a lifetime tenancy is messy.

Forget about the Fair Deal Scheme. The amount saved, if any, won't be worth the hassle.

Does your husband have the money his brother needs to clear his debts? if so, then lend him the money, repayable on death.

Do up a formal agreement. Ideally, your husband should be the Executor. But it's not critical.

If your husband can't afford to lose the money, then he might choose not to do it.