Negligence verdict secured by Hay & Kilner against asset protection firm over care home fees

Tom Whitfield, Partner, Commercial Litigation & Dispute Resolution

Tom Whitfield, Partner in the Commercial Litigation Team, has successfully proved negligence against defendants Countrywide Tax and Trust Corporation Limited (CTTC) in a case involving a family home and payment of care home fees.

And he is now advising anyone else who may have been badly advised by CTTC to investigate whether they also have a negligence case to bring.

CTTC, who promote themselves as specialists in asset protection, were proved negligent in implementing their professional recommendations to the Claimants and subsequently left them open to paying costs for care home fees.

The case centered around a Gateshead home, which was solely and legally owned by Mr C.

CTTC had advised the ownership should be jointly transferred to his wife, Mrs C, and that the house should then be placed into Probate Trusts in order to make the management of their affairs on death easier with the added benefit that it may protect the asset from anticipated care home fees.

However, CTTC negligently prepared documents and when the property was put into the Probate Trusts only that half of the property belonging to Mr C was transferred. This left Mrs C with assets amounting to half the value of the house and therefore liable to pay care home fees.

The Claimants, who are the Trustees of the Probate Trusts, are the daughter and grandson of Mr and Mrs C, and have been awarded over £100,000 in compensation.

Tom Whitfield says: “This case demonstrates the importance of receiving trusted legal assistance when making significant financial decisions like estate planning.

“The letter of claim was issued to CTTC in 2020 and we’re very pleased to have successfully demonstrated their negligence on behalf of our clients.

“By putting a home into trust, it is possible that it no longer qualifies as an asset and, as £23,000 is the asset threshold for payment of care home fees, home ownership has far-reaching financial implications for many people.

“CTTC is a company that markets itself as wealth protection specialists and they fought this claim tooth and nail.

“If anyone else has been let down by them, we strongly advise they should speak to us.”

Tom Whitfield has over 20 years’ litigation experience and specialises in Professional Negligence and Dispute Resolution.

Get in touch with Tom to find out how he can help you.