can my uncle leave on of his children out of his will so benefits arent affected ?

amandathepanda

My uncle is in the process of making his will. When all his debts etc are paid there will probably be about £60k between his 3 children. He wants to know if he can leave his daughter out of his will and give her a new car and pay for her to go to Disneyworld instead now so that her benefits will not be affected when he dies. Is this allowed. I worked in a bank so he thinks I know everything financial but i havent a clue. Thanks.

richard9991

amandathepanda wrote: »

My uncle is in the process of making his will. When all his debts etc are paid there will probably be about £60k between his 3 children. He wants to know if he can leave his daughter out of his will and give her a new car and pay for her to go to Disneyworld instead now so that her benefits will not be affected when he dies. Is this allowed. I worked in a bank so he thinks I know everything financial but i havent a clue. Thanks.

Its his money /Assets would have thought he can do what he wants including leaving nothing to his kids at all

Londonsu

Is he terminally ill? If not and he has a few more years, how does he know she will still be on benefits when he dies unless she is on long term benefits

Mojisola

If he's in England and Wales, he can leave his money to whoever he wants. The law in Scotland is different.

If he gives away money (or something bought with his money like a car) and then needs means tested care, he could have problems.

amandathepanda

She is on long term benefits. He is 79 and only just making his first will now !!

Mojisola

If she is left say £20k (and it might be less than that by the time he dies), she would be able to use it for things like a reasonably priced car, replacing worn out furniture, carpets or white goods in the house, house repairs, aids to help with health issues/mobility problems if needed, etc.

These are legitimate expenses and she would be able to reclaim benefits after using the inheritance for such purchases - always keep records and receipts and stay in contact with the DWP over proposed expenses.

Not all benefits are means tested so she may not lose all benefits even after getting the inheritance.

tea-bag

Can't he just leave her the money so she can pay her own way for abit! Instead of planning how to scrounge and get luxuries!

rogerblack

Mojisola wrote: »

If he's in England and Wales, he can leave his money to whoever he wants. The law in Scotland is different.

Not quite, as I understand it.
In Scotland, there must be reasonable provision for all children.
This does not mean they all get a share of the cash of the estate.

A will that leaves assets only in certain forms to children is quite legal.
For example - it is quite possible to set up a trust, that will pay certain expenses for the child, where they have no access at all to the money - but it does not affect their benefit payments.

Mojisola

amandathepanda wrote: »

My uncle is in the process of making his will. When all his debts etc are paid there will probably be about £60k between his 3 children.

rogerblack wrote: »

Not quite, as I understand it.
In Scotland, there must be reasonable provision for all children.
This does not mean they all get a share of the cash of the estate.

A will that leaves assets only in certain forms to children is quite legal.
For example - it is quite possible to set up a trust, that will pay certain expenses for the child, where they have no access at all to the money - but it does not affect their benefit payments.

In this case, there is only money to be inherited.

Would you prefer it like this?
If he's in England and Wales, he can leave his estate to whoever he wants. The law in Scotland is different.

Marktheshark

If he is sent to long term care, there wont be an estate to share.
Who is looking after him when he can no longer look after himself ?
He might be better planning that one than worrying about who is getting what.

If he has £60 k of assets they will make him pay for his care.

antrobus

rogerblack wrote: »

....A will that leaves assets only in certain forms to children is quite legal.

The legality of the will would not be the issue.

rogerblack wrote: »

....For example - it is quite possible to set up a trust, that will pay certain expenses for the child, where they have no access at all to the money - but it does not affect their benefit payments.

As a general rule, no. A "person’s rights to capital under a trust" is normally included when working out the person’s capital for the purposes of means tested benefits.