Declaring an inheritance while on benefits

tekman

cattermole wrote: »

That explains it more fully I understand now.

The problem with contesting an Estate is that really in the end there are no winners or losers apart from the lawyers, I also think the decision would have to have been made before now as well.

I would have asked for the Power of Attorney accounts from the boyfriend before now via the Solicitor assuming you haven't done this?

Sadly no I haven't done this as losing my mother hit me rather hard and I don't really know much about this kind of subject matter but I am learning.... sadly the hard way

tekman

Actually there is still time as the grant of probate was issued on June 17th this year and I believe I can contest within 6 months, so a few weeks are still in my favour. However it is all immaterial now as stated earlier, I signed off the accounts and the interim payouts are imminent. I am not interested in a interim payment it was the two instigators who are requesting this.

FOREVER21

Just read these posts some questions spring to mind,


Have you seen a copy of the will

Who is the executor/s named in the will

Was it witnessed by people other than sister and boyfriend.

Also contrary to what was said previously there are very good lines of communications between HMRC, DWP and other bodies for example HMCS (the court service) report directly to both HMRC and DWPwhen probate is applied for and the estate is estimated as being over £20k

FBaby

I can see where you are coming from, but the problem is that you are making allegations in terms of your sister and her boyfriends intentions based on her past. I imagine that ultimately, your mum (and even more likely your young sister) considered that you made your choice to move to be with your wife rather than staying for your mum (could your wife have moved to England). Your sister became her main carer, maybe purely to be able to make good figure and coerce your mum, or maybe because however manipulative and money grabbing she might be, she actually truly loved your mum and really wanted to go and visit?

Maybe your mum's view of her children's love for was simple and judged on who was there at the most time of need. It might not seem fair, and you might have had very good reasons for moving, but you can't change the fact that maybe she saw it differently and so didn't need much coersion to decide that all the money should go to the ones present.

In regards to CB, I think there are occasions when a parent can claim despite the child not living with them, so I would be careful taking on that route.

As for whether they declare the money when they recieve it, well, you could report them, but how will you feel if it comes back that they have declared it, yet they will guess that you were the one falsly reporting them?

I gather that it is not about the money, but the feeling of injustice that your lazy money grabbing sister managed to get what she didn't deserve, but maybe you need to accept that however unfair it is, it might have truly be your mum's intentions.

cattermole

His mother was cared for in a Nursing Home when he married.

The younger sister did not care for her just made frequent visits not the same thing.

I believe this story 100% and I will tell you why because she would not have been charged for her care because her care would have been provided under the Mental Health Act which is exempt from charging for residential or home care.

I have to be honest tekman, if your Mum was receiving care under the Mental Health Act, this makes for a very strong case regarding her will. It raises all sort of issues.

As she wasn't actually in a "Hospital" she would have been receiving care under Section 117 and therefore would not have been charged.

I would need to do more reading up but I'm not convinced you would necessarily incur high costs to contest the will because of the Mental Health Act being involved. Also the nearest relative i.e. the eldest has certain rights as well.

So if a) this boyfriend got a Power of Attorney in these circumstances it seems very odd
b) a solicitor drawing up a will for someone receiving care under the Mental Health Act and I would expect to see witnesses that were involved in the Care i.e. the Manager of the Home or a Social Worker.

Anything else I think would easily be put aside but that's just my take on it.

However "capacity" is a tricky area when it comes to the law.

Mojisola

FBaby wrote: »

In regards to CB, I think there are occasions when a parent can claim despite the child not living with them, so I would be careful taking on that route.

This explains the rules -
https://www.gov.uk/child-benefit-child-lives-with-someone-else

If your sister claims that she is contributing towards her child's upkeep ("Upkeep includes clothes, presents, food and pocket money and financial contributions to provide your child with somewhere to live"), she could carry on claiming CB.

cattermole

At this point all the visits my younger sister and boyfriend had been making to my mother which I naively thought perhaps she had changed worried me deeply. Before I knew it, the boyfriend informed me that my mother was dying of cancer and only had a week or so to live and he had been granted temporary POA which annoyed me intensely as both my older sister and I had not been kept up to date with everything that had been going on just fed the minimum of information.

You can't be granted temporary power of attorney you have to register a POA and it has to be set up by the "donor" i.e. your Mother in the first place.

http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=154&gclid=CMioyq3tosICFQjKtAodhkoAdQ

Someone specifically has to state that a person has capacity to make a power of attorney.

tekman

FOREVER21 wrote: »

Just read these posts some questions spring to mind,


Have you seen a copy of the will

yes I have a copy as I am a named beneficiary

Who is the executor/s named in the will

The executors name is the main partner at the solicitors firm

Was it witnessed by people other than sister and boyfriend.

Now that is an interesting point. What I haven't said is that the boyfriend new someone who may be interested in purchasing my mothers house and the deal duly went through. strangely enough the occupations of the two witnesses on the will are that of a builder and a driver which also made me suspicious, bearing in mind the boyfriends friend who purchased my mothers house was himself a builder.

Also contrary to what was said previously there are very good lines of communications between HMRC, DWP and other bodies for example HMCS (the court service) report directly to both HMRC and DWPwhen probate is applied for and the estate is estimated as being over £20k

Well that is interesting!

cattermole

See my post above tekman

Someone in a care home under section 117 and a will witnessed by a builder and a driver!! It would be a clear cut case I would say.

Nah is it the same solicitor who did the Will as the Executor?

I'd challenge I would write him a letter saying you have taken advice and that you cannot sign off the accounts and intent to contest the will on Mental Health Grounds and that no "Capacity Assessment" was carried out on her "Capacity" to make a will.

And raise an objection yourself with the Court of Protection.

cattermole

It would also be considered a "safeguarding issue" under Financial Abuse and all workers involved should be protecting her against this sort of thing.

Which is why you would expect if someone made a will whilst in a care home receiving services under the Mental Health Act Section 117 for a Social Worker or professional to be involved and a "Capacity assessment" to make a will carried out by a professional.

That's how I would approach it and I wouldn't pay a solicitor to do it.