HELP - Inheritance - can it be refused?

Middledyke

Thanks guys, just to clarify some of the info, Mum receives Housing Benefit which pays her rent and Council Tax Benefit (she lives in a council flat) and has just under £10,000 in savings, she doesn't spend much - even getting her to buy an automatic washing machine in place of her beloved twin-tub took 18 years and in the end only happened because the Council decided to re-do the kitchen so there was no where to put the twin-tub!!!!

The widow's pension she will get will just replace the Pension Credit Guaranteed Credit that she gets presently so no benefit to her there, but hopefully no detriment either.

Dad's total estate will be around £40,000 (just money) so the over £250,000 limit doesn't apply with the more complicated 'sharing out' rules.

It's the £40,000 that is the problem as, if Mum has to accept it, it will definitely have an effect on her benefits and she doesn't think she is actually entitled to inherit it as she had been apart from my Dad for 22 years. So, basically what I'm trying to find out is if she can legitimally declare that she's NOT entitled to inherit the money so that it doesn't affect her in any way and enable her to carry on as she is now without worry. This is all making her ill - she's not sleeping or eating properly and I'm trying to just make it as easy on her as possible. Despite my Mum and Dad being apart for the length of time they were I'm sure that my Dad would NOT have wanted Mum to have all of this worry and if he had been buried (he was cremated) would now be turning in his grave at his own stupidity for not doing a proper will when he had the opportunity thus preventing all of this.

getmore4less

AIUI If they are legaly still married it's hers.

might be worth looking if there is a way to retrospectifly predate a divorce based on seperation.

If pension credit goes that can effect other benifits that are automatic if you get pension credit.

madbadrob

Just to look at this from a different angle. Your mum is worried that she would not get the benefits she gets now and for sure there is no way she can refuse this money without it affecting her benefits. Surely the 40k could be used to pay her rent for a good number of years and thus she would be no worse off than she is now. It may be worthwhile talking to the council benefits dept and the DSS, explain to them the position and the facts of the seperation etc. They may be sympathetic and allow your mum to relinquish her right to inherit and not affect her benefits. If they agree make sure you get it in writing

Rob

anmarj

madbadrob wrote: »

It may be worthwhile talking to the council benefits dept and the DSS, explain to them the position and the facts of the seperation etc. They may be sympathetic and allow your mum to relinquish her right to inherit and not affect her benefits. If they agree make sure you get it in writing

Rob

they will not make a decision in advance, the mother would have to take whatever action she wants to take and only then would the department make a decision regarding deprivation.

To the OP: if your mum remains on Pension Credit (possibly savings credit) then she may have an assessed income period set, and if she was treated as a single person then the death of your father would not trigger a review, so therefore any increase in capital would be disregarded for that, however, if a life event occurs, the DWP can go back and look at deprivation of capital and apply it from a future date. If your mum loses GC due to the State Pension (assuming this is the widows pension you mean) and gives her savings credit only, the only issue would be housing benefit as she would lose the protection that Guaranteed Credit would give over the capital.

The problem is although they were seperated, legally they were still married.

Errata

So, basically what I'm trying to find out is if she can legitimally declare that she's NOT entitled to inherit the money

She is legally entitled to the money; if her husband had not wanted her to have it he would have made arrangements so that she didn't. He didn't do that so clearly he wanted her to have it, whether she likes it or not.
As pointed out, she can use the money to pay her rent and council tax until it runs out and save taxpayers having to fund her lifestyle.

zzzLazyDaisy

Errata wrote: »

She is legally entitled to the money; if her husband had not wanted her to have it he would have made arrangements so that she didn't. He didn't do that so clearly he wanted her to have it, whether she likes it or not.

This comment makes no sense. The facts show quite the opposite - the husband clearly did NOT want her to have the money, so he made a home-made will leaving the money to his children. The home-made will did not conform to legal requirements, and so is invalid, so in law he died intestate. But that does not change the fact that his wishes were clear.

OP, if a person dies intestate, the intestacy rules apply. Your mother is still his legally married wife, and so she inherits under the intestacy rules. There is no provision for her to reject the inheritance on the basis that they have not lived together for a long time - that is simply not a consideration.

It is true that she can refuse the money by making a deed of variation or by gifting the money to you, but because she is in receipt of means tested benefits, she would be treated as still having the money and would lose her benefits, as this would take her over the capital limits.

From her point of view, it is better for her to accept the money -which is legally hers - and come off benefits. She can then help out her children financially from time to time, as long as she doesn't go overboard. But check out 'deprivation of capital'.

Errata

Of course my comment makes sense. The husband took no proper action over a period of 22 years to ensure his money wasn't inherited by the wife. He may have expressed his wishes on a bit of paper with no legal standing, but if wishes were horses then beggars would ride.

Middledyke

Errata wrote: »

She is legally entitled to the money; if her husband had not wanted her to have it he would have made arrangements so that she didn't. He didn't do that so clearly he wanted her to have it, whether she likes it or not.
As pointed out, she can use the money to pay her rent and council tax until it runs out and save taxpayers having to fund her lifestyle.

I note your comments and the 'points' you are trying to score off it which is a shame as I came on here for genuine advice which on the whole I have been given (many thanks to all those who have done this ), not snarky veiled comments such as yours . My Dad did NOT want my Mum to have the money at all and as I mentioned before he wanted it to go to my siblings NOT ME so I won't be affected by this at all which is fine by me. He simply could not be convinced that his 'written wishes' were not sufficient to be accepted as a legal will - have you ever tried to convince a strong-willed (stubborn!) pensioner to do anything that they didn't want to? ... it isn't easy hence why we are in the situation we are now.

My Mum does not wish to be deceiptful or get any benefits she isn't entitled to, that isn't the point, she just does NOT want any money (or anything at all) from his estate, she never expected it and if she'd known what would happen when he died, she'd have done something herself to ensure she was legally separated/divorced (although it goes against her beliefs which is why it was never formalised). As far as she's concerned they split-up and she didn't want anything more to do with him from that point on, end of.

For info, my Mum actually worked until she was 67 and therefore didn't get any benefit from the state other than a basic pension for those 7 years. If she had retired at 60 she could have got the benefits from then, - she doesn't go on holidays or spend on stupid luxuries etc (she didn't even have a colour TV until 10 years ago when her black/white TV died a death and couldn't be replaced like for like!) so don't get all 'high and mighty' about the tax payer having to pay for her lifestyle!!!:mad:

Kore_Arabin

Middledyke wrote: »

I note your comments and the 'points' you are trying to score off it which is a shame as I came on here for genuine advice which on the whole I have been given (many thanks to all those who have done this ), not snarky veiled comments such as yours . My Dad did NOT want my Mum to have the money at all and as I mentioned before he wanted it to go to my siblings NOT ME so I won't be affected by this at all which is fine by me. He simply could not be convinced that his 'written wishes' were not sufficient to be accepted as a legal will - have you ever tried to convince a strong-willed (stubborn!) pensioner to do anything that they didn't want to? ... it isn't easy hence why we are in the situation we are now.

My Mum does not wish to be deceiptful or get any benefits she isn't entitled to, that isn't the point, she just does NOT want any money (or anything at all) from his estate, she never expected it and if she'd known what would happen when he died, she'd have done something herself to ensure she was legally separated/divorced (although it goes against her beliefs which is why it was never formalised). As far as she's concerned they split-up and she didn't want anything more to do with him from that point on, end of.

For info, my Mum actually worked until she was 67 and therefore didn't get any benefit from the state other than a basic pension for those 7 years. If she had retired at 60 she could have got the benefits from then, - she doesn't go on holidays or spend on stupid luxuries etc (she didn't even have a colour TV until 10 years ago when her black/white TV died a death and couldn't be replaced like for like!) so don't get all 'high and mighty' about the tax payer having to pay for her lifestyle!!!:mad:

Did your Dad have a cohabiting partner/ladyfriend, or did he support anyone financially whilst he was alive? A bit of a very long shot, I know, but is there anyone around who might be able to claim against his estate (under the Inheritance (Provision for Family and Dependants) Act 1975)?

Otherwise, I think your Mum's stymied. Her options are to declare the inheritance and lose means-tested benefits for a period, or keep quiet and let the children sort it out after her death. The DWP will automatically ask for a list of the assets in her estate if she dies whilst in receipt of means-tested benefits.

Mojisola

It's a difficult situation but, as others have said, the law is clear. As your parents were still married, your mother inherits. When she inherits, she will have to declare that money and it may affect her benefits.

The fact that your father wanted to leave the money elsewhere and your mother doesn't want to accept it because they've lived apart for so long is a warning lesson to others. Get your affairs sorted out before you die.