Tricky inheritance issue and possible impact on benefits (deprivation of capital)

SandraScarlett

Don't you just love these siblings who swan off to far and distant lands, and then when someone dies, dictate how they think the money should be apportioned!

Your uncle did sweet fanny adams to help look after his Mum, and ensure she was comfortable. Your mother doesn't owe him a farthing, in fact, he should be paying her out of his share, for the time, love and patience that she showered on their mother whilst she was in the home.

My brother lived less than 20 miles away from my Mum's care home, but was always too busy to visit, and bitterly resented every penny that was spent on her care.

Your Mum, with your support, must dig her heels in, and adhere to the terms of the will, and they'll get half each - and he's lucky to get that! Good Luck.

xx

troubleinparadise

What a sad story - but why does your Mum feel so guilty?

Your uncle had POA and access to the financial records - did your Mum withdraw unreasonable amounts of money that he didn't notice over the 8 years?

So she has agreed to pay her brother £9000 - is that what she "overspent" over the 8 years that their mum was in the care home? How was that figure arrived at?

To be honest, £9000 over 8 years works out at approximately £20 a week - hardly my version of being wildly extravagant, and easily spent on a few treats - or even essentials. And I don't suppose it left your granny living beyond her means either.... and possibly brought her a little happiness in her decline in the care home?

How is the brother guilting your mum with this - has he threatened to expose her to some authority? As you say there are old family issues - but quite frankly to destroy family relationships completely over £9000 when you're getting a pleasant bonus inheritance and didn't have to do any of the tedious caring over the years seems strange to me.

Sad all round.

dandelionclock30

If someone inherits some money I can hardly believe that the DWP look at every single penny a person has spent when they evenually claim again. What if they needed essential repairs to a home like the roof caved in or their bath broke or something like that?
Regarding the OP s situation, I would give the brother nothing anyway out of her 50% as he sounds a right grasper.I would say that I cant because of the situation with the benefits etc and to tell him to get lost.

rogerblack

dandelionclock30 wrote: »

If someone inherits some money I can hardly believe that the DWP look at every single penny a person has spent when they evenually claim again. What if they needed essential repairs to a home like the roof caved in or their bath broke or something like that?
Regarding the OP s situation, I would give the brother nothing anyway out of her 50% as he sounds a right grasper.I would say that I cant because of the situation with the benefits etc and to tell him to get lost.

Essential repairs are clearly allowed.
What they look at unfortunately varies with case.
You will have to disclose that you have had savings in the past.
When this happens, a decisionmaker looks at the claim, and they can do anything that seems reasonable to them that is required by the rules.

This unfortunately can vary from taking the view that almost nothing but 'taking the !!!!' - blowing the lot on a fancy car, getting a large extension built, ... is prohibited, to a far more stringent line.

The regulations unfortunately do not give a good indication of what is allowable, merely what is not.
It is arguable that the letter of the regulations, for example, allows a DM to consider what's spent on Tesco Finest over what the normal shopping bill was before an overspend.

Do most consider things in this detail - certainly not.