Then & Now | Roger Guttridge

A tale of two changes at the Old Rectory

A concert party at Lydlinch Rectory circa 1905, from the Barry Cuff collection

Happily tucked away from the passing A357 traffic is this magnificent example of Georgian architecture – the Old Rectory in Holebrooke Lane, Lydlinch. The grade II listed building dates from 1775 although an attached cottage is thought to be 15th or 16th century.

The picture shows a wellattended summer concert in the early 1900s, when the Rectory was the home of the Rev Samuel and Mrs Maud Hooper. Present owner Jonathan Elwes was not aware of the Hoopers’ concert parties until he saw this picture from the Barry Cuff collection, published in David Burnett’s book Lost Dorset: The Villages & Countryside. But he was aware of the tower and glass-roofed verandah on the building and is glad they are no longer there. Mr Elwes explains that when Queen Victoria did anything, everyone copied it, so the inclusion of belvedere towers on Osborne House on the Isle of Wight spawned a rash of similar towers across the country. ‘The Georgian characteristics were ruined by what I think are monstrosities,’ he says. Both the Old Rectory’s tower and verandah disappeared decades before Mr Elwes and his wife arrived in 1996. ‘I like the simplicity of the house’s Georgian lines,’ he says. ‘The windows are a great feature of the house. They give tremendous light.’ In Lydlinch’s historic church across the road is a memorial to the Rev and Mrs Hooper’s youngest son, Leonard, who served in the Dorsetshire Regiment and was killed on the Somme 12 days before his 22nd birthday in 1916.

A similar view of the Old Rectory today

Easy steps to take to protect your assets against Care Home fees.

Protection of assets against care home fees remains a hot topic and a pressing concern for many. Blanchards Bailey Partner and Head of Private Client, Jerome Dodge, gives his views on the recent government announcements.

“Proposals to put a lifetime cap on the amount an individual has to pay towards their longterm care are surely a step forward on the basis that state provision of social care has been underfunded for many years. However, plans to impose an £86,000 cap on care costs are more complex than they first appear and there is a question mark as to how much extra funding is actually being provided. It should be noted that the cap does not apply to “hotel costs” e.g. accommodation, food etc. Where does this leave the two vehicles commonly used to provide protection against care home fees?

Wills made by couples can usually ringfence half of the assets from care home fees

It is perfectly possible for Wills to be made by a couple in which the assets of the first person to die are

“decisions placed into trust to regarding allow the survivor whether you are looked after at a guaranteed right to occupy the main residence, receive home or moved income from other into a care home assets and ensure are made by the the capital value of state and not the assets in trust cannot be taken into your family” account by the Local Authority should the survivor need long term care. Due to the cap, it would seem that this protection will be beneficial in fewer cases, but it is important to factor in the ‘hotel costs’ in assessing whether such protection is still of practical benefit for any particular couple. It is also worth bearing in mind only care costs incurred after October 2023 benefit from the cap.

Health and Care (Welfare) Lasting Powers of Attorney (H&W LPA)

If you do not have a H&W LPA, decisions regarding social care (e.g. whether you are looked after at home or move into a care home) are made by the state and not your family, should you lack the mental capacity to make that decision yourself. These documents have become very important in

recent years and the proposed changes to the funding of social care make them even more vital. A H&W LPA gives those you love and trust, the legal authority to insist on the care you are entitled to if at the time you lack the required mental capacity. I think it will also become crucial that as people reach the cap in their personal contribution towards funding, that the decision as to whether care is provided by the state, (which is usually of a lower standard than the private sector provides), or continues being provided privately, is made by those you have appointed, rather than the Local Authority. A H&W LPA not only puts the decision making in the hands of the right people, but allows you to document your wishes in this regard and gives authority for them to be carried out.

Jerome Dodge would advise all clients to consider the following Estate Planning and Asset Protection Checklist:

Wills

• Has your will been reviewed in light of Inheritance Tax changes and particularly the introduction of the

Residence Nil Rate Band? • If you are a couple, have you considered trusts to protect assets from care home fees?

Lasting Powers of Attorney (‘LPAs’)

• Do you have Health and

Care (Welfare) LPAs? • Does your Enduring Power of Attorney/Financial Affairs

LPA include the ability for the attorneys to instruct a broker/Independent financial advisor on a discretionary management basis? If not, this is something you should discuss with us.

Inheritance Tax planning • Do you understand your

Inheritance Tax position, and have you recently reviewed the options available to you to mitigate tax? • Have you received advice on your private pension and ensured it fits in with your estate/Inheritance Tax plan?

We are always very happy to have an initial discussion with current or prospective clients free of charge to see how best we can help. To speak with Jerome or any member of the Wills and Estate Planning team please contact 01258 459361.