Declaring an inheritance while on benefits

tomtom256

epitome wrote: »

But during probate it is not the inheritors money, and they will continue to be entitled to benefit.

Read it properly "Once probate has been granted".

I didn't say during probate!

epitome

Yes, I know, but I did say "during Probate", so your reply was seen to be challenging what I had written, you came back saying "after probate"

Mojisola

tomtom256 wrote: »

Once probate has been granted on a will this is when a person legally own's the inheritance and that is the point it needs to be declared.

It makes no difference when it hit's the bank account as sometimes, mainly when family members are the executors, the money is left with family members so that it is hidden from the DWP etc.

Have you got a link for that?

tomtom256

Mojisola wrote: »

Have you got a link for that?

Can't say I have, but have had DM's decide on that.

I believe some LA's also deal with it the same way for council tax purposes.

cattermole

Mojisola wrote: »

Any decent solicitor will have insisted on seeing your mother alone and talked through the will with her and kept notes of the meeting. If there were any suspicions that your mother was being coerced, then things should have been stopped.

I agree.

It would also apply to the Power of Attorney as well, because she would have had to have had enough capacity to make said Powers of Attorney.

In addition if the same solicitor had an email saying about Court Orders and Insurance during the period of intestate from the Father's and accounts being sorted out, that should also have raised concerns.

If it is all accurate then the Solicitor has not acted properly so there would be good grounds to contest the will.

The OP could also ask to see the notes of the meeting with the Solicitor when the will was signed by the Mother.

Mojisola

tomtom256 wrote: »

Can't say I have, but have had DM's decide on that.

I believe some LA's also deal with it the same way for council tax purposes.

That hasn't been my experience - until the money, whether from an inheritance or a gift or a prize, actually gets into your account, you don't have it.

tomtom256

Mojisola wrote: »

That hasn't been my experience - until the money, whether from an inheritance or a gift or a prize, actually gets into your account, you don't have it.

You have legal and beneficial ownership.

Legally it is yours once probate has been issued.

Obviously beneficially it's not technically yours until in your account.

However were benefit fraud is concerned, if it is hidden in another's account then it will be treated as being yours from the date of legal ownership i.e. the date you could have had beneficial access to it.

DM's will treat it differently if declared vs being undeclared.

epitome

Probate registry search
https://www.gov.uk/wills-probate-inheritance/overview
Number 9.

Mojisola

tomtom256 wrote: »

You have legal and beneficial ownership.

Legally it is yours once probate has been issued.

Obviously beneficially it's not technically yours until in your account.

However were benefit fraud is concerned, if it is hidden in another's account then it will be treated as being yours from the date of legal ownership i.e. the date you could have had beneficial access to it.

That's a completely different issue - that's deliberate fraud.

If you're on benefits and tell the DWP that you will be getting an inheritance at some point (perhaps a year away, depending on how long it takes to sort the estate out), you run the risk of having your benefits frozen. Tell them as soon as the money hits your account. It doesn't affect your rights to benefits until you actually have it.

duchy

Lots of assumptions here

Bald facts are one sister and her partner had lots of contact with their mother -two other sisters moved away and had more sporadic contact.

Mother chose to include the sister's partner in her will as well as three sisters- possibly because he was involved with her caring .

Absent sister believes child benefit is been claimed fraudulently as niece/nephew lives elsewhere (obvious question how does she know if she lives in another country?)

Sister and partner claim benefits (again unlikely the absent sister knows what they actually claim currently)

Absent sister suspects that in the future this couple MAY claim fraudulently- but as estate hasn't yet been settled at this point it is just a belief and no offence has yet been committed.

Sounds like little love between the sisters and resentment that the Mother regards the boyfriend as "family" and equal to the sisters -and demonstrated that in her will. Could be mother felt the two of them were there for her and stayed local whereas other sisters moved away and there was no coercement involved but naturally sisters feel hurt and angry or just annoyed their "cut" was diluted.

It seems simple to me
Report CB issue now
Report the rest after the estate is settled and payments are made
Both complaints will be investigated but the OP won't be told the outcome by the authorities. and by raising the CB issue now it may encourage the couple to come off benefits (assuming that wasn't always their intention anyway) when they get their inheritance anyway as it will highlight to them that there are consequences in an incorrect claim.