Can a Claim Be Brought over a Home Transferred under a Lifetime Care Agreement?

A Deceased Person’s Sham Transaction

Prepared by: Constantinople

A claim may be possible, but neither the word “care” in the agreement’s title nor a transfer to an heir determines the outcome alone. A lifetime care agreement is a statutory contract involving reciprocal performance. A transfer in return for genuine care differs from a transaction alleged to conceal a gift. Without this distinction, every transfer for care cannot be called a deceased person’s sham transaction.

We first examine the entire agreement, the type of land registry transaction and the formal requirements. The law imposes special requirements for executing this agreement. The parties’ actual purpose, care needs, care actually provided and scope of performance are also investigated through evidence. Alleged non-performance and an allegation that the transaction concealed a different purpose from the outset do not raise the same legal question; claims and parties may vary accordingly.

Preparation requires the agreement, title transaction documents, records of health and living conditions, care expenses and witness information. A clear chronology should explain who lived where in each period and who provided care. An age difference, property value or other heirs’ dissatisfaction alone does not establish a sufficient conclusion. Payment and care evidence presented by the opposing party is also assessed together.