Any Legal comeback on me if i agree to Deed of Variation???

Sea_Shell

Oooh part of me really wants to ....but No, that's their lookout!!! As a few have said, it'll probably not work they way they're expecting anyway (which is good really) I'm not going to get involved any more than I have too. Like I said, it makes no odds to me financially, but I wanted to check I wasn't opening up a problem for myself, if it all goes "T*** Up";)

getmore4less

There is a good chance they will get away with it.

getmore4less

Sea_Shell wrote: »

I'd read that ALL beneficiaries of a will had to agree to a DoV, regardless of whether it actually effects them personally or not. Is that not so?

I'm glad to read though that it's "none of my business" what goes on, so for sake of not rocking the boat, i'm going to agree and leave it at that.

Thanks Everyone.

Unless you are giving up something then no you do not need to do anything.

How is the money getting redistributed?

Solicitors not setting up a trust they want to charge to manage, or skipping a generation and the beneficiary keeps control but it's really their kids money or some other dubious option.

securityguy

Sea_Shell wrote: »

I'd read that ALL beneficiaries of a will had to agree to a DoV, regardless of whether it actually effects them personally or not. Is that not so?.

No. The only people who need to agree are the executors and beneficiaries whose financial position is, or could be argued to be (in the case of swapping assets of uncertain value, say) worsened.

Yorkshireman99

getmore4less wrote: »

There is a good chance they will get away with it.

Sadly you are probably correct. Of course, as usual, the taxpayer picks up the bill for the dishonesty.

Keep_pedalling

Yorkshireman99 wrote: »

Sadly you are probably correct. Of course, as usual, the taxpayer picks up the bill for the dishonesty.

If I was the OP I would make it clear to my co beneficiary that what they were attempting was not a legal loophole but benifit fraud, and that the probate records would be in the public domain.

If they still went ahead, I would then grass them up.

Yorkshireman99

Keep_pedalling wrote: »

If I was the OP I would make it clear to my co beneficiary that what they were attempting was not a legal loophole but benifit fraud, and that the probate records would be in the public domain.

If they still went ahead, I would then grass them up.

The OP could also refuse to agree to the DOV and tell the DWP anyway. I object to paying tax to subsidise the dishonest.

Silvertabby

It's not uncommon for LGPS (and, I imagine, other pension funds as well) 'pensioners' to refuse payment of their LGPS pensions because they would lose more in means tested benefits. Not a lot we could do - until DWP did their post State pension age checks and wrote to the contracted-out pension provider to request details of any pension due.

I know this is slightly different, but DWP have their ways and means.....

SevenOfNine

We've just seen a STEP solicitor regarding a DoV to pass assets we've inherited to our grandsons, no Will (so we are varying intestate) but same process as if there was one.

At no time has she asked if we are in receipt of benefits, no mention of deprivation of assets.....NOTHING. She's a partner in the company, not some junior numpty still training (& cost an arm & a leg).

As a beneficiary you will merely be agreeing to another beneficiary varying the terms of the Will with the Deed of Variation. WHY he/she wants to do this is not your concern, not your responsibility & so no comeback on you. You're agreeing to a variation not the reasons for it.....the words "I know nothing" spring to mind if you are ever asked, which is highly unlikely.

If this move doesn't help this person hang on to their benefits, good, but it's a possibility it might. TBH I'd just keep well out of that particular bit of knowledge. All you know is that Fred wants to pass his inheritance to Ginger.

Oh, most importantly, make damn sure the estate is absolutely NOT paying for the DoV, & make sure they don't try to opt for the DiY route here https://www.gov.uk/alter-a-will-after-a-death

After all, why should you inherit less just because a beneficiary wants to cheat the benefits system. So make them pay for the hire of a competent solicitor.

Mojisola

getmore4less wrote: »

Unless you are a beneficiary that is giving up some of yours nothing to do with you.

SevenOfNine wrote: »

As a beneficiary you will merely be agreeing to another beneficiary varying the terms of the Will with the Deed of Variation.

As getmore said - unless the DOV directly affects the amount Sea Shell will receive, she/he doesn't have to agree to anything.

Let the people who are trying to commit fraud go ahead - it's likely that the person who is giving away their inheritance will end up worse off - without the inheritance and without their benefits.