Deprivation of capital?

hundredk

Topcat1982 wrote: »

Is B a vulnerable person? Elderly/disabled etc

B is middle aged with slight learning difficulties akin to mild autism.

NYM

hundredk wrote: »

The house was previously owned by three brothers in 1/3 shares. My brother (A in this thread) bought my share so has 2/3 share. He has now almost convinced brother B to gift him his share. I'm not sure what arrangement they would have if/when A gets the whole house but I think As well as B not having his asset he may also become ineligible to JSA due to deprivation of capital. I only see B once every few weeks, B is vulnerable and any guidance I offer is quickly talked round as he lives with A who constantly pressures him.

A on this thread is B on the other and vice versa.

Thank you for the explanation, it helps me understand
Please do whatever you can to prevent your vulnerable brother from being harangued by 'A'

Incidentally, knowing the pressure 'B' was under, why did you decide to sell your share to the controlling brother?

hundredk

NYM wrote: »

Thank you for the explanation, it helps me understand
Please do whatever you can to prevent your vulnerable brother from being harangued by 'A'

Incidentally, knowing the pressure 'B' was under, why did you decide to sell your share to the controlling brother?

Administration of our late mums estate was and still is a nightmare. Alongside that there has been many disagreements over the gifted property to the point where we each had a solicitor representing our interests. A paid B's solicitors and seems along the way struck a deal with B. I raised B's vulnerability with my solicitor and in a nutshell he advised that I was instructing him and he couldn't represent B as that was a conflict of interest. Also B's solicitor should have B's best interests in mind when representing him.

I do not live near A and B. The house was gifted in 3 equal shares 8 years ago. Each of us had a choice what to do with our share. I'm out now and at the point my share transferred B had beneficial interest that I expected he'd keep. A has basically waited until I have no legal control over him doing what he's doing and seems he's intended duping B once I'm not able to be involved.

anmarj

hundredk wrote: »

Exactly. I think if B thought his JSA would stop if he gifted his share he wouldn't gift it. Problem is how to get DWP to advise him of that before he goes ahead and gifts.

Problem is that until it happens, the deprivation has not occurred, the dwp should in effect say " do what you want, and we will decide afterwards if it is deprivation" which is frustrating but that is the way it works

NYM

Forgetting the issue of JSA and/or benefits for the moment, is it not a major concern that if one gifts his share to the other, what assurances will 'A' give 'B' that 'B' can continue to live there?

teddysmum

I can't see any benefit in B giving away his share. Selling is another matter, if he needs the cash.


Does he have a social worker or the like, who could advise him (not to go ahead)?


Otherwise, could the OP take him along to the CAB for a chat ?

GirlFromMars_2

Your brother can write to the DWP to get a decision on Deprivation of Capital, before gifting the share to your other brother. (Although obviously he should not be gifting the property!)

You can write the letter yourself outlining the situation, and he can sign it. It needs to be sent to his local DWP office, not his local jobcentre. I suspect they would be happy to tell you any income related benefits will stop due to notional capital.

You could also get a deprivation of capital decision from the decision makers at his local council about Housing Benefit. He obviously won't get HB to lodge with your brother, but I suspect he would also not get Housing Benefit for any other property, as he would have notional capital of £30K.

Have you spoken to your vulnerable brother's solicitor about his vulnerability? It seems there should be some way of protecting a vulnerable person from being preyed on by family, but I'm not sure what it is. Maybe you could contact adult social services to assess their situation.

xylophone

If your brother is vulnerable to financial abuse, should you not be discussing the matter with the adult safeguarding coordinator at the local council?

hundredk

NYM wrote: »

Forgetting the issue of JSA and/or benefits for the moment, is it not a major concern that if one gifts his share to the other, what assurances will 'A' give 'B' that 'B' can continue to live there?

Yes it is a major concern but I have little if any influence now I'm legally bought out. B has to protect his own interest and could do this by simply refusing to gift or even sell his interest in the property but will cave under pressure from A.

There may, at best be a trust drawn up (I don't know), but whatever happens A would gain the value of the beneficial interest. A does not accept that Mum gifted the house in equal shares, he perceives it as his because he lived there with Mum and will stop at nothing to get the whole.

hundredk

teddysmum wrote: »

I can't see any benefit in B giving away his share. Selling is another matter, if he needs the cash.


Does he have a social worker or the like, who could advise him (not to go ahead)?


Otherwise, could the OP take him along to the CAB for a chat ?

There is no benefit to B.

When I see him next I'll advise him that he may lose JSA eligibility for a long time. This may be the only thing to stop him gifting.