Giving half of inheritance to me - how does it affect benefits?

healy

property.advert wrote: »

Don't tell anyone and have it paid way way offshore where there are no sneaky eyes to see it. That is all of it, none of it going to you or your mother. Thought out, no-one would ever know.

I hope this is not serious otherwise I am sure someone will report your post.

*I thanked your post in error.

timez_2

My mum has been to the bank today and she told them what had happend and showed them a death certificate - and they said they are quite happy to release the amount into my mothers account if she closes the account - at the moment they have frozen it - is the money safe atm? can the govenment get it? - and if my mum closes the account they will actually transfer it wont they? lol

timez

woody01

If you have £20+K in the bank, regardless of how you came by it, then the tax payer should be relieved of paying you.

I am suprised that with a stash like that, you find it acceptable to keep taking from the state benefits aswell.

Oldernotwiser

timez wrote: »

My mum has been to the bank today and she told them what had happend and showed them a death certificate - and they said they are quite happy to release the amount into my mothers account if she closes the account - at the moment they have frozen it - is the money safe atm? can the govenment get it? - and if my mum closes the account they will actually transfer it wont they? lol

timez

What do you mean, will the government get it? The inheritance is hers to keep but the benefits are not.

Your mother now has money that makes her ineligible for benefits so I'm sure she'll be happy not to be dependent on them for the time being.

Pepzofio

AFAIK, for it to be counted under the DoC rule, the benefits office to prove that your mother deprived herself of capital for the purpose of claiming benefits she would not otherwise have been entitled to, not just that she got rid of capital. It is also down to them to prove the intention, not you to prove otherwise.

Therefore, if your mother had known (for example) that it had been your grandfather's intention to leave you half but for whatever reason he had not been able to change the will before he died, so her reason for giving you half was to follow his wishes rather than keep her benefit entitlement, then there could be an argument for it not being classed as DoC.

She should definitely speak to CAB first though, as they will be able to advise her more accurately, knowing all the circumstances.

Oldernotwiser

Pepzofio wrote: »

Therefore, if your mother had known (for example) that it had been your grandfather's intention to leave you half but for whatever reason he had not been able to change the will before he died, so her reason for giving you half was to follow his wishes rather than keep her benefit entitlement, then there could be an argument for it not being classed as DoC.
.

But there wasn't any will - grandfather died intestate.

Pepzofio

Oldernotwiser wrote: »

But there wasn't any will - grandfather died intestate.

I think you're splitting hairs, but if it makes any difference, substitute 'change the will' with 'write the will' (or even 'reveal the location of the will'!)

The point is that not all circumstances are treated as DoC for benefit purposes.

timez_2

ok thank you for all your help so far i think im pretty much upto speed so far so just a few finalilities to sort out...

1) is it legal for my mum to have the whole amount transfered to her like that? without getting letters of administration? the bank is happy to do it so should we just let them? or is that illigal? because then no1 is really officially dealing with the "estate"? and noone could claim from it etc?

2) also the bank said there is only £14,000 in total - they could be wrong but thats the figure we have at the moment until we check properlly - we will tell the benefits office whatever the ammount is - also when we do that does my mum tell them she has £14,000? even though she would be transfering half to me straight away? or would she tell them she has £7000 (which would be the truth) - and i would tell them i have £7000 - I know I always have to tell them my bit - but the question is what amount does she tell them she has?

thank you - timez

timez_2

please answer my post above? its the last questions and then we can close this thread

timez

petersandyglen

Can I put my tuppence worth in here? If you get pension credit and are over 65 you do not have to tell the DWP for up to 5 years after your last income assesment. and since April, once you have reached 80 you NEVER have to report increases in capital.
Does that help? Peter