Inheritance Gifts while on Benefits

Oldernotwiser

andyandflo wrote: »

Read my posting - I said that I wasn't sure - go and see a solicitor.

Damn good advice I think.

I would still stand by that advice as the wording in your article is 'could'. That implies that not in all cases. Why not find out what those other cases/circumstances are. Nothing to lose, everything to gain.

Maybe it all comes down to the intention to create the Deed of Variation

You still think you're right, even when provided with evidence otherwise! I'll quote you another legal site on the subject -

"If you are considering a deed of variation, although it will be regarded as varying or re-directing property for tax purposes, in other situations, it will be treated as a gift of an inheritance. This is particularly important if the person who would have been entitled to the property is in receipt of means-tested welfare benefits or is in care and receiving financial assistance from the local authority towards the accommodation charges. In these cases both the Department for Work and Pensions and local authorities may regard the deed of variation as a gift in deciding whether that person is entitled to continue receiving financial support."

A solicitor may well be in ignorance of benefit law on this subject and all you will have is a bill for legal services and no money.

(Considering you couldn't even get the name of this document right when you first mentioned it, I fail to see how you consider yourself such an expert!)

bigjl

Why would anybody even be wondering about means tested benefits when the family has just come into £110k.

Sorry but this makes no sense to me whatsoever.

Why do some on the board think it is right to offer advise to somebody that is only trying to continue entitlement to benefits when they have no longer any need of them.

I must be one of those people that thinks it is morally wrong to try and get something put there to help those "in need", not those "in greed".

All the talk of difficulty in getting benefits for people that have recently become disabled or have lost their jobs, the benefits are in place to assist these needy people.

mcpcoles

bigjl wrote: »

Why would anybody even be wondering about means tested benefits when the family has just come into £110k.

Sorry but this makes no sense to me whatsoever.

Why do some on the board think it is right to offer advise to somebody that is only trying to continue entitlement to benefits when they have no longer any need of them.

I must be one of those people that thinks it is morally wrong to try and get something put there to help those "in need", not those "in greed".

All the talk of difficulty in getting benefits for people that have recently become disabled or have lost their jobs, the benefits are in place to assist these needy people.

I would suggest you read the original question rather than jumping on the "moral bandwagon".

Question - I am a tax payer and have been for a good number of years so my tax gets used for benefit payments, state pensions etc etc like millions of others so it is not in my interest to have my hard earned money given to people with lots of money.

That said I suppose you think it is correct for MY entitlement to be surrendered so that my parents don't have to rely on the government to whom they have paid many thousands of pounds in taxes over their lifetime.?

If it was a question of keeping the money in the "family" as you suggest then their would not be any need for benefits at all as
most people have siblings, relatives etc who could could probably at a push cover the cost of family members who could not work BUT the vast majority do not choose this option!!

As for your statement "

Why do some on the board think it is right to offer advise to somebody that is only trying to continue entitlement to benefits when they have no longer any need of them.

I must be one of those people that thinks it is morally wrong to try and get something put there to help those "in need", not those "in greed"."

I really think it is unfair for you to make a sweeping statement like this when you do not know the facts, of course everyone is entitled to their opinion but that should be kept for elsewhere and not a forum where people are after advice.

seven-day-weekend

mcpcoles wrote: »

I would suggest you read the original question rather than jumping on the "moral bandwagon".

Question - I am a tax payer and have been for a good number of years so my tax gets used for benefit payments, state pensions etc etc like millions of others so it is not in my interest to have my hard earned money given to people with lots of money.

That said I suppose you think it is correct for MY entitlement to be surrendered so that my parents don't have to rely on the government to whom they have paid many thousands of pounds in taxes over their lifetime.?

.

Right or wrong doesn't come into it. Your mum has inherited the money and whatever your Granparents' wishes, they were not written in a will.

You do not have an entitlement.

So it is actually your mother's money and will be treated as such when she is assessed for the means test.

Sorry if this is not what you would like to hear.

mcpcoles

seven-day-weekend wrote: »

Right or wrong doesn't come into it. Your mum has inherited the money and whatever your Granparents' wishes, they were not written in a will.

You do not have an entitlement.

So it is actually your mother's money and will be treated as such when she is assessed for the means test.

Sorry if this is not what you would like to hear.

Thank you for your factual answer. You have answered my original question is 3 paragraphs with no sniping or judgement.

If this is the law regardless of if I agree or not then so be it I guess, but thank you once again

Duncombe

mcpcoles wrote: »

Thank you for your factual answer. You have answered my original question is 3 paragraphs with no sniping or judgement.

If this is the law regardless of if I agree or not then so be it I guess, but thank you once again

OP. You have your answer above. Legally, you have no entitlment to the money your grandmother left you. If your mother decided to give you £100k of what is now her money, she would be seen as intentionally depriving herself of capital and other posters are correct, she would lose her means tested-benefits.

It is unfortunate that your grandmother did not write her wishes in her will, but alas that is life. Or death in this situation.

I have been in a similar situation. My grandmother died a very wealthy woman, and had 'promised' £10k to each of her grandchildren (of which there were a few!). Although there was no legal obligation for any of the beneficiaries to pass this money on to their children, some did and some didn't. My parents didn't and I was more than happy for them to do this. I did not need the money at that time in my life, but the extra £40k allowed them to purchase a property outright.

I know nothing about your financial situation, but your parents are currently living on benefits and no doubt this windfall help them improve their standard of living. So try and see the positives in that.

As someone else said - there is a lesson to be learned about making sure your will says exactly what you want it to.

alwaysonthego_2

The OP has been answered.