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life interest in family home after owners death, affect universal credit

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5 days 10 hours ago #303407 by jqy
i have in my Will given my son a life interest to stay in our family home for his lifetime - he receives universal credit getting the Limited Capability for Work element as he cannot work for medical reasons. will having a life interest affect his UC when I die - he will not own the property.

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5 days 4 hours ago #303416 by David
Hi jqy

Hopefully a qualified solicitor has drafted your will. In that case there will be a Trust and Trustees. If the terms of the will are such that your son cannot obtain possession of the property to sell it or rent it out himself then I think it won't count as an asset for the DWP capital rules.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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