Is deed of variation the only option?

Mojisola

Hawkeye4aneye wrote: »

Is there a father involved?

Your brother dying would mean under Intestacy that both parents inherit his estate even if you don't know where he is he still has a claim.

This is an important point. Even if a parent hasn't had any contact for years, they are still entitled to inherit.

catfish50

calleyw wrote: »

What if the night my husband was in acute pain rather then taking him to local out of hours service, I took him to A & E would he still had a stroke causing him to be become disabled at the age of 44. Who knows but something I live with everyday of my life.

Really sorry to hear that. My daughter had a stroke last year (aged 35). It's so unpredictable, try not to think of it that way, it's impossible to know what would have happened if you took him to A & E or even if he was in the best hospital in the world, it's still unpredictable. Don't blame yourself.

calleyw

catfish50 wrote: »

Really sorry to hear that. My daughter had a stroke last year (aged 35). It's so unpredictable, try not to think of it that way, it's impossible to know what would have happened if you took him to A & E or even if he was in the best hospital in the world, it's still unpredictable. Don't blame yourself.

Hi catfish50,

Thanks you are so right. But it still niggles me at the back of my mind most days.

I am also sorry to hear about your daugther. I hope she is recovering well. It is long road.

Take care.

Yours

Calley

catfish50

calleyw wrote: »

Hi catfish50,

Thanks you are so right. But it still niggles me at the back of my mind most days.

I am also sorry to hear about your daugther. I hope she is recovering well. It is long road.

It is, it really is. But she's making good progress and I hope your husband is too.

Take care.

Thanks, you too.

Alisonlll

calleyw wrote: »

It is black and white but hey if you want to commit fraud and get your mother a criminal record please do go ahead with distrubtion according to your brothers plan.

I am not looking to commit fraud i wanted to know what the official way is for mother to distribute the inheritence I didnt know when I started the thread if handing out sums of money from an inheritance required a deed of variation. you need the re-read my posts what I actually said rather than trying to read more into things

The only reason you want a deed of variation and you are admitting it on a public forum, is so that you mother can still claim benefits. If that is not case for deprivation I don't know what is.

I did no such thing you quoted me pointing out that by writing a will anyone can legally buck the system quite legally again stop twisting my words

I came on this forum to find out
A) what is the process for distributing the funds
to find out how deprivation will affect my mother so that we can plan accordingly to make provision for her
C) to have a rant because Im annoyed with the whole situation had my brother written a will it would of been so much simpler

I have not said that we want her to still claim benefits I have said that she is on benefits and that she will loose them and considering the hard work she has put in its not fair I have asked if she deprives herself of some of the funds will she be able to claim benefits in the future that is not the same thing

Life is full of what if's. What if the night my husband was in acute pain rather then taking him to local out of hours service, I took him to A & E would he still had a stroke causing him to be become disabled at the age of 44. Who knows but something I live with everyday of my life.

and have you written your will in a way so that he wont loose benefits if you die first?

There are plently of people who pay NI but never get to take there state pension, such is life. I doubt there relatives get so het up about it.

Why do you think that you mother should get your brothers NI contributions back.

I am more het up by the way you have spoken to me than the fact my brother wont get his pension i was trying to point out that money gets paid into the system and doesnt get paid out.

I have already told you to go and get proper advice rather than from a internet forum.

Yours

Calley

re-read my posts what I have actually said stop trying to put words in my mouth or read into things more than is there you are judging me and accuse me of planning to commit fraud

I need to know how deprivation will affect mum so that we can plan how to share the money out this is because we will need to set up some kind of investment that will pay mum an regular income for the forseeable future its no good simply spending the money buying her a house to live in and then finding out that mum wont have enough income live on because her benefits stopped because she gave some of the money away

I have got advice from other places but I thought this site was "money saving expert" so I didnt think there was anything wrong in asking advice on here too

catfish50

Alisonlll wrote: »

I need to know how deprivation will affect mum so that we can plan how to share the money out this is because we will need to set up some kind of investment that will pay mum an regular income for the forseeable future its no good simply spending the money buying her a house to live in and then finding out that mum wont have enough income live on because her benefits stopped because she gave some of the money away

It would certainly be a good idea for your mother to invest her money. It would be best for her to consult an Independent Financial Advisor, preferably on her own, without any other family members present, so that she will feel free to explain her wishes to the IFA. The IFA will be able to advise her on her best options.

You're correct in thinking that there's no way she can give the money to you and your siblings and revert to claiming benefit, because it's more than likely that any such attempt would be treated as deprivation of income for the purpose of claiming benefits. Seeking a deed of variation would also be likely to fail for the same reason.

I have got advice from other places but I thought this site was "money saving expert" so I didnt think there was anything wrong in asking advice on here too

Usually, when people ask for advice about money, it's their own money they're asking about. Coming on an internet forum and asking advice about how to dispose of somebody else's money is likely to make people wonder why, especially if the plan you're proposing would be to your benefit rather than the benefit of the person who owns the money.

catfish50

Alisonlll wrote: »

...she is left with the problem of being seen as depriving herself if she gives the money away...

Quite. Only it's more of a problem for the would-be recipients, than for your mother. The up-side of having too much money to be eligible for benefits, is that by definition that means she's better off than people who are eligible for benefits.

Mojisola

Alisonlll wrote: »

I have got advice from other places but I thought this site was "money saving expert" so I didnt think there was anything wrong in asking advice on here too

It is money saving but one of the rules of the site is that posters mustn't give information about breaking the law.

There is nothing to stop you mother giving money away to the family. If she chooses to do that, she will be assessed as if she still has it and her means-tested benefits will be reduced accordingly.

Those are the facts.

If your mother spent the money on a house that she then lived in, she may be entitled to means-tested benefits, depending on the residual capital, because the value of your home is not taken into account when you are assessed so it's unlikely that she would end up without enough money to live on.

calleyw

Alisonlll wrote: »

I have got advice from other places but I thought this site was "money saving expert" so I didnt think there was anything wrong in asking advice on here too

Then you have already had answers about deprivation of captial.

So why have you come here and asked the same questions again from non-experts.

As Mojisola has already pointed out "It is money saving but one of the rules of the site is that posters mustn't give information about breaking the law."

As it has been pointed out it is black and white and you need to play by the rules no matter how unfair you think it is. Just tell the DWP how much she is coming in to and when and they will deal with it.

As I mentioned at least once you need to get proper help. You have not mentioned how much is involved. If it is over £32K and your father is still alive (again another question you have failed to answer)you mother will still not be able to claim means tested benefit until under £16K.

Even if she spends the money she can't just spend it willy nilly. The rules are very complicated about how much she can spend over what time scale.

I know you think we are being harsh. But I believe that we have told you what you already know, the rules are the rules. There is no way around it. If you don't declare it you are just making it 10 times worse and you don't want to distress your mother any more than she is already with the loss of her son (your brother)

I wish you luck in what you do.

Yours

Calley

System

Unless your father is involved then the deed of variation will automatically fail as all parties that are affected by the variation need to agree to it.

And if I understand correctly, if for example the father is divorced and has remarried but subsequently died then his half now goes to his surviving widow.

Gets messy doesn't it?