Inheritance question

kytdee24

Can an woman with no assets at all who is 80 years old and receiving housing benefit and care allowances etc. refuse a legacy from her sister who has just died? If she can refuse will the "next in line" mentioned in the will receive the legacy?

bestpud

kytdee24 wrote: »

Can an woman with no assets at all who is 80 years old and receiving housing benefit and care allowances etc. refuse a legacy from her sister who has just died? If she can refuse will the "next in line" mentioned in the will receive the legacy?

Welcome to mse!

I don't know the answer but you will probably get a better response if you start a new thread with this question.

kytdee24

Sorry to be thick but where do I post a Thread?

<<<Welcome to mse!

I don't know the answer but you will probably get a better response if you start a new thread with this question.>>>

bestpud

If you go back out of here (onto the benefits board) and scroll up to the top of the threads, there is a button saying 'New Thread'.

It's on the top left hand side of the list.

Hth

Kimitatsu

There you go I have started a new thread for you

As for your question, there is nothing to say that she HAS to accept it, and if there is a second person nominated in the event that she does not survive the original will maker then that person will inherit.

As far as I am aware, if she does not recieve it then she cannot be intentionally depriving herself of the capital as she would if she had it and then gave it away. I am sure someone will be along shortly to clarify.

Welcome to MSE:D

kytdee24

Thank you so much Kimitatsu for starting the thread I still can't find how to do it!!! Also I like your advice but I will, as you suggest, see what other comments I receive. She is old and frail and cannot cope with money other than to give it away. She does not understand why she cannot just give it away. The stress alone of having to cope with change will not be in the best interest of her health and she just doesn't want it

sleepless_saver

If she's receiving attendance allowance that will not be affected by any legacy. Housing benefit and council tax benefit may be, depending on how much it is.

But I don't understand why it wouldn't be in her interests to take the money. She can just put it in a decent savings account and forget about it. Then if she needed to go into a care home at any point, or needed more funds to make her life more comfortable, it could be very useful in providing her with what she wants.

If she is so vulnerable that she feels unable to manage the money, then she may need protecting from the consequences of her wish to pass the money on e,g, power of attorney where someone can manage her affairs in her best interests.

localhero

Hi Kytdee24,

There are 2 options available to her:

1) she can refuse the gift (disclaim it) - in which case it will pass according to the Will. Or,

2) she can sign a Deed of Variation and decide herself where the money goes to - grandchildren or charity perhaps.

Obviously option 2 will cost money to arrange, option 1 won't. It depends on the amount involved and how strongly she feels about it I suppose.