Declaring an inheritance while on benefits

tekman

FBaby wrote: »

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.

allegations! ha that is laughable and no I don't mean to sound insulting towards you but I know my sister very well and this leopard definitely never changes it's spots that I am certain of.


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?

Like I said no my sister isn't like that and I'm sorry but she did not become my mother's main carer at all, my mother was being cared for by the state. And the only person she loves is herself, always has and always will. Think I sound a bit harsh and bitter? I have damn good reason to be. If she had loved my mother so much don't you think she would have been involved in looking after her or even just visiting her during the four year period I took care of mum? Nope she didn't care whatsoever. She took advantage of the fact that mum was vulnerable and exploited the situation.

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.

All the money didn't go to the one's present that isn't the point i was making. The boyfriend should never have been included in the first place, between them the were awarded half the estate which is nonsense, but as I stated earlier for me it isn't so much about the money but the principal of how we believe events unfolded.

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 couldn't give a monkeys because I'm certain that won't happen, they are both dishonest and have been done for fraud in the past.

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.

My mother when well was severely hurt by my younger sister for many years and eventually an Aunt of my mums died and my mother was left half of the estate. I received a phone call one evening from my younger sister telling me how much money had been left to my mum and I was shocked she was privvy to this information and felt sick to my stomach that she had the audacity to go to the public records office to find out this information which was clearly none of her business and she was furious that she hadn't been left any money. A little later on when my mum and dad were sort out my Aunts affairs they came across my aunts cheque book with stubs indicating that thousands of pounds had been made out to my younger sister. From that point on my younger sister was no longer in my mums good books and they were estranged for about ten years or so. The thing is my mum being vulnerable would latch on to anyone that showed her any supposed kindness and my sister knew this and IMHO took full advantage of this to her own ends.

cattermole

tekman

I know it's hard but concentrate on the best way to deal with this.

I know this isn't about the money, for me it would be about what is right and what is wrong.

Approach it from the point of view I have suggested or move on and forget about it and just report her.

However that would mean that 1/2 your Mother & Father's estate will go to the system in terms of Benefit fraud etc. Whereas by contesting it only a 1/3 will go to the "baby" sister.

Because if the will is put aside then normal rules of intestate will apply.

tekman

cattermole wrote: »

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.

You have raised some very interesting and valid points, but as I stated earlier 1 - I have already signed off the accounts.
2 - I cannot afford to contest the will

The executor of the will is one of the partners of the same firm that the solicitor who is handling all this works for.

cattermole

Well then all you can do is move on and report them when you know they have the money.

getmore4less

Mojisola wrote: »

When I went through the process of becoming Dad's POA, letters had to be sent to my siblings telling them that I was applying for it. Didn't that happen? If not, you should have challenged it. If an attorney doesn't follow the rules at the initial stage, it suggests they might not be the best person to be an attorney. (That doesn't help you but may be useful for someone else to know)

This is not the case there is no requirement for relatives to be infomed.

It is possible to set up a LPA without informing "anyone" at that time and at the time it is acted on.

Anyone other than the three people involved, doner, attorney and a solicitor/third party no one needs to be informed.

Mojisola

getmore4less wrote: »

This is not the case there is no requirement for relatives to be infomed.

It is possible to set up a LPA without informing "anyone" at that time and at the time it is acted on.

Anyone other than the three people involved, doner, attorney and a solicitor/third party no one needs to be informed.

https://www.gov.uk/power-of-attorney/register
Tell ‘people who need to be told’

Before you register, send a notice of intention to register (LPA001) to all the ‘people to be told’ who you listed in the LPA.

They’ll have 3 weeks to raise any concerns with OPG.

cattermole

You are both correct.

You don't have to tell anyone to set one up or make one.

However if it is used then Mojisola is correct. You cannot use power of attorney without registering the power as explained in the link and that means informing nearest relatives in the order described in it. So all three children would have had to be informed if a POA was registered.

For example it goes further than that when my brother registered my father's POA he had to tell me, my Aunty (father's sister) and he also had to tell both my Cousins (one of whom lives in NZ). He followed the correct procedure for informing 3 relatives however if you read the link if you inform one cousin you have to inform the other one as well.

In these circumstances though even setting one up, is slightly different if someone may have limited "capacity" and a professional should be involved if good practice were being followed.

There are also rules about "Guardianship" with Mental Health where if no one is appointed Guardian then the Local Authority assume this role for someone lacking Capacity to make certain decisions and a "best interests" decision should be made.

FBaby

Knowing all this and expecting it I would have thought you'd have done everything to prevent it and ensure your mum's will represented her true wishes. How come it took all those years for her to make one?

getmore4less

The giver decided who is in the list of people it can be 0 to 5 people

if none then there needs to be 2 certificate providers.

If you read the POA form carefully there only needs to be one certificate provider(section B

Then there only needs to be one one person to be notified they can both be the solicitor that was the certificate provider in section B if wanted.

NOWHERE in setting up a LPA s there a requirement to tell any relative.

getmore4less

Mojisola wrote: »

https://www.gov.uk/power-of-attorney/register
Tell ‘people who need to be told’

Before you register, send a notice of intention to register (LPA001) to all the ‘people to be told’ who you listed in the LPA.

They’ll have 3 weeks to raise any concerns with OPG.

As above the list of people is decided by the doner and can be 0-5 people.

None of which need to be relatives.