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

sleepless_saver

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.

In Scotland both children (even if adult) and spouse have a right to a share of the moveable estate whether or not it is mentioned in the will. If they're not named in the will, there is no obligation on them to claim that right. I don't know if turning this option down would affect benefits via deprivation of assets. http://www.bsemple.com/news/2012/12/05/legal-rights---a-fair-share-for-everyone/

rogerblack

sleepless_saver wrote: »

. I don't know if turning this option down would affect benefits via deprivation of assets.

Not applying for money you are legally entitled to may be deprivation of capital, yes.

racon

antrobus wrote: »

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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.

Hey. That is a very important word! If however it is a discretionary trust, no beneficiary has any such rights and as such none of the capital is included even for provision of 'later in life care'. The trust owns the capital lock stock and barrel with the trustees able to choose who gets what and when.