Unusual Situation!

deb42_2

Im a single parent with two children and get no maintenance for either of them. I work part time and receive working tax credit and council tax benefit.
My father died 2 years ago and his wish was to use the money he left to buy a small flat for my eldest daughter which i have done. She is 16 so not old enough to have it put in her name. The council tax dept have now told me they have stopped any benefit i get as although the property is empty it counts as an asset. I explained that its my daughters but they dont seem to believe me. Im already struggling on a low income and will be unable to survive if all the benefits taken away.
Should i therefore sell the property and put the money in a trust for her or would the council tax still class that as my money? Surely there is a way of her having this gift from my father without myself being penalised?
Please could anyone give some advice as this situation is rather complex and i dont know who to turn to.
Thanx

Mojisola

Did your father's will give the money direct to your children or to you?

Lady_gaga

So the money was left to you and you bought your daughter a flat?

deb42_2

The will didnt mention my daughter as it had been written years ago and im the only remaining member of the family so it automatically went to me.

Mojisola

deb42 wrote: »

The will didnt mention my daughter as it had been written years ago and im the only remaining member of the family so it automatically went to me.

In that case, it is your money. Your father's wishes are irrelevant.

You have inherited capital. Any means-tested benefits you claim will be affected.

deb42_2

Is there any way i can get around this so that my daugher gets what she deserves. Maybe sell the property and put the money in a trust for her or would they still see that as my money?

Lady_gaga

oh dear, looks like you have 2 years worth of means tested benefits to pay back as you intentionally deprived yourself of capital...

Lady_gaga

This all sounds suss, why would he want to by one child a house and nothing for the other, nice try at a wind up OP, blimey where are they all coming from lately?!?

deb42_2

I can promise you this is no wind up i just want to carry out a grandads last wish and give his grandaughter what he had wanted but it seems impossible .

kazwookie

Your late father should have reflected his wishes in his will, the way the will is, is that you gained the money etc as others have said.

The best thing is go and see a solicitor with all the facts /paper work, and get proper legal advise, including about a trust for your child / children.

If you don't amongst other things in years to come the other child / children could make a claim against your eldest child.

Lady_gaga

deb42 wrote: »

I can promise you this is no wind up i just want to carry out a grandads last wish and give his grandaughter what he had wanted but it seems impossible .

Then you do realise you could be prosecuted for benefit fraud and will have to start paying full council tax.

Why haven't you rented it out?