You are here

YULE v South Lanarkshire Council (OH)

In February of this year, Scotlands highest Civil Court (the Court of Session in Edinburgh) in a case the first of its kind to be heard in Scotland (to the writers knowledge)decided that the home of an 81 year old woman gifted to her granddaughter 18 months before entering care remained an asset which should be included as notional capital for assessment purposes

1 July 1998

YULE v South Lanarkshire Council (OH)

In February of this year, Scotland's highest Civil Court (the Court of Session in Edinburgh) in a case the first of its kind to be heard in Scotland (to the writers knowledge)decided that the home of an 81 year old woman gifted to her granddaughter 18 months before entering care remained an asset which should be included as notional capital for assessment purposes.

This article considers the implications of the case for those advising elderly clients in disposing of assets prior to entering residential or nursing care.

The facts of the case are as follows:

In March of 1995, Mrs Yule aged 81 gifted to her granddaughter for "love favour and affection" her house retaining for herself a liferent(life interest) in the property. At the time of the gift of the house Mrs Yule also executed a Power of Attorney in favour of her son. At the time of the gift Mrs Yule was in good health and was not ...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.