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Inherenting money whilst on ESA

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13 hours 53 minutes ago #314647 by stonermc
Replied by stonermc on topic Inherenting money whilst on ESA
Not sure if I qualify as a 'new style ESA claimant' as I've been on it since it took over from Incapacity Benefit. Can't remember how long it's been to be honest.

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3 hours 29 minutes ago #314656 by dancer22
Replied by dancer22 on topic Inherenting money whilst on ESA
The advice I was given regarding Universal Credit and trusts:
if the Trust is correctly set up in the will before the person dies then it may be ignored - but it depends very much on exactly how the Trust is written. Regular income from a discretionary trust is deducted from UC, the capital may be ignored.
BUT if the trust is set up by a deed of variation after the person has died the money in the trust will be treated as deprivation of capital.

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2 hours 28 minutes ago #314658 by David
Replied by David on topic Inherenting money whilst on ESA
Hi dancer22

Thanks for your feedback.

David

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

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