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We are both on Centrelink pensions we have seperated but share care and a housing place as we have two children who have severe lifelong disabilities and care for one child each. They are just about to be left a house in a will from family would it be smart to put it straight into the children's names or into one of our names as we will be lifelong guardians?
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Hi Karen,
Are theses aged pensions? The family home is exempt. So even if you put it in your name you should be ok.
It could go in your name on Trust but it really depends what the will says.
I would be holding it on trust. You need a lawyer to go through everything and perhaps consider planning what happens if someone happens to your guys.
Thanks
AJ
Single and aged care pension family tax benefits. It is their fathers sister who wants to leave the house so that the boys will always have a place later in life. What is the difference between leaving it In a trust and just leaving it in the will. As boys are never going to be able to control finances etc we will always have control so would it be easier to put in fathers name and he leaves in his will for children. Thankyou
Hi Karen,
If left to you then put in the boys names you will get caught with the Centrelink gifting rules which will impact your pension benefits.
If direct to the boys not so much an issue. But if it's via a will & the person has already passsd away there's nothing you can do about it now.
You should look into & seek advice about a special disability trust. Under this type of trust you can transfer money (or the house) & not be caught by the Centrelink gifting rules. There are strict requirements so best to seek advice from an accountant/lawyer or financial adviser who has experience in the space.
I don't have the necessary experoence to confidently help you but can put you in contact with people who do.
Regards
James