DWP and Deed of Variation

floyd2764

9th Aug 17, 12:21 AM
Hi I have inherited a property from my late mother in her will. Myself and my late mum's common law partner are the named executors. He is currently living in said property which he cohabited with my late mum. He is refusing to go for probate unless I sign a Deed of Variation stating that I give him the right to live there. He has also threatened to go to court under the inheritance act.
I am currently in receipt of esa and housing benefit which I know I will have to stop claiming at some point. My questions are :-

1) Do I have to inform DWP and Housing Benefit that I have been left a property at this time or do I wait until probate has gone through ?

2) Would I lose my benefits if I do sign a Deed of Variation that gives him the right to live there even though I would still own the property ?

My solicitor is as confused as I am as to the rules of the DWP !
Thanks for any advice that is given - really appreciated

Yorkshireman99

He is effectively trying to steal the property from you by blackmail. What does yourvsolicitor say about this aspect? You have no option but to fight it. If your solicitor does not know then you need to get another one. In any case you can apply to have the other executor removed but it will not be easy or cheap

floyd2764

My solicitor is basically saying the same as you. He is trying to get together as much info as possible in case it does go to court. The biggest obstacle at the moment is the DWP as neither of us can get a straightforward answer from them regarding a DoV. We just need to find out if by signing one I would be penalised benefit wise. He just wants something concrete to fight with I think

Yorkshireman99

A DOV makes no diffence as far as the DWP are concerned. It does not alter the requirement to notify them.i would say under no circumstances sign it. If he will not leave at some point he will have to be evicted. He has no legal right to be there now.

floyd2764

Ok thanks for replying. I will go to the DWP and explain the situation and sort things out with them first. Just not looking forward to court if it gets that far.

Yorkshireman99

With luck you may find it is all bluster. What he is doing is actually a criminal offence but of course proof is a problem as far as getting him prosecuted. Make sure you tell the DWP in writing since you can't rely on phone calls. Of course if it does come to court be honest and above all kep calm. You may need to be very hard nosed with him but he deserves it.

Keep_pedalling

As he is failing in his duty as an executor by obstructing probate, he needs to be removed from that position, but that is going to require going to court unless he renounces his powers voluntarily. He also needs evicting

Did your mother make any provision for him? If so he should realise he is risking losing that in legal costs.

getmore4less

Are you sure there is no potential beneficial interest claim in the property?

if they have only been hanging out together a short while and there has been no financial contributions unlikely but if living in the place 20 years and paid towards the mortgage could well be a different story.