Potential problem for the future

kingfisherblue

He is almost 17, but I don't anticipate his grandma dying in the next twelve months. She has a number of health problems, but hopefully she will live a few more years yet.

Savvy_Sue

g6jns wrote: »

If the beneficiary is under 18 then this automatically create a trust. If there are two executors then they automatically become trustees. If not two trustees have to be appointed.

That may well be legally true. The difficulty could be with getting that through to the lad's dad, at what could be a difficult time, if grandma's will is not explicit or the executors aren't completely on the ball / honest / helpful.

kingfisherblue wrote: »

He is almost 17, but I don't anticipate his grandma dying in the next twelve months. She has a number of health problems, but hopefully she will live a few more years yet.

And also I wasn't sure how old the OP's son is, as she mentioned being his appointee, therefore definitely older rather than a little one.

Knowing the score for both situations is, IMO, essential ...

getmore4less

I'm divorced and one of my children has disabilities, including learning disabilities. He cannot manage money, and for DWP purposes I am his appointee. My adult daughter has been told by her grandma that money will be left to all grandchildren in her Will. She is leaving my son's money to be distributed by his father (grandma's son, my ex). That's fair enough, but my ex has a gambling problem and a number of debts. My daughter and I are concerned that he will not pass this money to my son.

You need to establish what she(gran) plans and if she understands what the implications of that plan are.

Someone needs to talk to her.

kingfisherblue

Grandma won't hear of anything against her son. As far as she is concerned, he is pure as pure can be, even though he has proven otherwise many times. I doubt if she will understand the implications, even if she were willing to listen.


I've spoken to the Mencap helpline and it is a complex area that could not be answered immediately (I did realise that). It has been passed to an advisor who will try to find the answers for me about whether it should go into a trust with two signatories, and whether I will be able to obtain regular statements. The advisor that I spoke to believes that I should, as my son's appointee, get statements, but I think it is more likely that the trustees (if it is held in trust) will receive them - my daughter would have no problem showing them to me, but my ex would object.


Just to throw a spanner in the works, but it might be worth it, if my ex needs any income related benefits in the future (after the passing of his mum, and assuming that the money is left to my son via his dad), then the money would be counted as belonging to my ex, unless it is in a trust. My ex is an unskilled worker, currently in a temporary job, and it is possible that he might need to claim JSA again in the future. Once the time arrives, it might be prudent to point this out to my ex, and might lead him to agree to a trust. however, I am assuming that he will have used his own inheritance towards a house or to pay off his debts (he is in rented and has no access to our house - the marital home - for many years to come, due to a Mesher order that protects our house as my son's home).


I've been told to expect a call by the end of the week from Mencap, but I did say that I understand that it may take longer, especially with the Easter holidays. I'll update the thread when I do hear something though.


Thanks to those who have offered advice and opinions.

getmore4less

If the money is left to the son, then it is his not your sons.

The ex may not then be able to put it into trust without deprivation of assets.
Although there may be some way round that as a dependant adult is involved.

The gran NEEDs to set up the trust in her will.

kingfisherblue

getmore4less wrote: »

If the money is left to the son, then it is his not your sons.

The ex may not then be able to put it into trust without deprivation of assets.
Although there may be some way round that as a dependant adult is involved.

The gran NEEDs to set up the trust in her will.

I realise that, but it's unlikely to happen. My daughter is going to try to speak to her. The money, from what I understand, will be left to my son but my ex is to take charge of it.


Hopefully my daughter will be able to speak to grandma and have grandma actually listen.

RAS

kingfisherblue wrote: »

I realise that, but it's unlikely to happen. My daughter is going to try to speak to her. The money, from what I understand, will be left to my son but my ex is to take charge of it.

If it is left to your son in trust with dad as trustee, grandma might need to understand that 2 trustees are required.

That at least prevents the money being taken into account re dad's benefits etc or debts. And a a trustee he has certain responsibilities.

If the money is left to dad in the expectation that he looks after it for son, then in certain instances he would not even be allowed to give the money to his son (deprivation of assets) and it could be used to off-set any debts dad has.