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TOPIC: Inheritance

Inheritance 1 month 6 days ago #230467

Am so worried as you read so much about benefit fraud, and l wish to do the right thing.

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Inheritance 1 month 5 days ago #230497

simon wrote: Am so worried as you read so much about benefit fraud, and l wish to do the right thing.


If you are concerned then tell them now but you do run the risk of them suspending your benefit.

I do need to make you aware of something that was brought to my attention over the weekend. There is an Upper Tribunal Decision that treats the use of capital (money) to purchase a house as Deprivation of Capital, I haven't seen the Decision myself so it is possible that it is not applicable to your situation but you need to be open with the DWP about what you are doing.

Gordon

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

Inheritance 1 month 5 days ago #230523

Sorry to Interject.

But I believe the 52 week disregard applies to inheritance money?

That does not mean you can blow your entire inheritance 12 months and not be subjected to deprivation of capital rules.

If we are talking about significant sums of money, then you might consider seeking legal advice and setting up either a disabled persons trust or discretionary trust.
When capital or property is held in trust it is disregarded for means tested benefit purposes and also protects your home from care costs in the future

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Inheritance 1 month 4 days ago #230535

pomaus

I'm not aware of anything in the ESA legislation that disregards an inheritance for 52 weeks but happy to be proved wrong.

To be disregarded a trust must be set up as part of inheritance it cannot be set up by the recipient after they have received the money and qualify for a disregard.

Gordon

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

Inheritance 1 month 4 days ago #230563

You can set up a disabled persons trust at any time as long as you meet the criteria disability, i.e claiming PIP.
However, this would mean having 2 trustees to manage and have full control over the trust.
It is an area of law for people with disabilities to benefit from inheritance without having to worry about care costs and future loss of entitlements.
Simon, I would seek some legal advice now, before probate is complete on this matter
The following user(s) said Thank You: simon

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Inheritance 1 month 3 days ago #230611

l spoke to the solicitors today and l was informed the estate is in trust, this this helps when claiming benefits as am not a trustee thank you all for your support and help

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