Tenants in common and universal credit

Suz1949

Advice no longer needed

getmore4less

assuming "we" means you+partner/spouse

DO you mean you all 4 became TIC?

or

do you mean just the two of of you became TIC with a will that says they are beneficiaries?

Keep_pedalling

Assuming you mean you are leaving your half to your children, then she should not lose any benefits providing that your wills set up a life interest for the surviving partner.

If you have actually split the house 4 ways then she is already in trouble with her benefits, and the damage cannot be undone.

maman

Just a few questions:

If she's going to inherit, then why does she need benefits as well?

Would your partner have a life interest in the property/money before your share of the estate passed to the children? If so then she may well have got a job and not be claiming benefits before the inheritance kicks in.

If she's named as a beneficiary in your will then you can remove her any time you want by changing the will. Are you suggesting that you'd want to cut her out of your will just so she can go on claiming benefits?

gomer

Assuming the benefits are not means tested of course, in which case it won't effect them. We need to know what sort of benefits this refers to really.

She certainly shouldn't be claiming means tested if she inherits property.

pickledonionspaceraider

Sounds like biting your nose off to spite your face, in short

gomer

pickledonionspaceraider wrote: »

Sounds like biting your nose off to spite your face, in short

Sounds like deprivation of assets so you can keep your benefits

Suz1949

Thanks for your replies, my daughter has never been out of work but is on a low income therefore has UC. Thanks again.

gomer

Suz1949 wrote: »

Thanks for your replies, my daughter has never been out of work but is on a low income therefore has UC. Thanks again.

That will rightly change if she inherits property. Entirely your choice if you remove her but has she notified UC about this share in assets when she claimed? That's the bit you might struggle with - even if you put her name back on in future & she carries on claiming, because if you die and she inherits the property her UC will stop anyway. Unfortunately when you claim certain benefits & own property you cannot have your cake and eat it as such.

Keep_pedalling

gomer wrote: »

That will rightly change if she inherits property. Entirely your choice if you remove her but has she notified UC about this share in assets when she claimed? That's the bit you might struggle with - even if you put her name back on in future & she carries on claiming, because if you die and she inherits the property her UC will stop anyway. Unfortunately when you claim certain benefits & own property you cannot have your cake and eat it as such.

Not necessarily on the first death. It is usual practice when leaving your share of your home to give the surviving spouse a life interest in it, which means the children will not benefit from their inheritance until the second spouse dies or the house has to be sold because the survivor needs to pay care costs.

In the mean time the deceased persons share is held in trust so the OPs daughter will not own the property and it will not affect her benefits.

maman

maman wrote: »

Just a few questions:

If she's going to inherit, then why does she need benefits as well?

Would your partner have a life interest in the property/money before your share of the estate passed to the children? If so then she may well have got a job and not be claiming benefits before the inheritance kicks in.

If she's named as a beneficiary in your will then you can remove her any time you want by changing the will. Are you suggesting that you'd want to cut her out of your will just so she can go on claiming benefits?

Keep_pedalling wrote: »

Not necessarily on the first death. It is usual practice when leaving your share of your home to give the surviving spouse a life interest in it, which means the children will not benefit from their inheritance until the second spouse dies or the house has to be sold because the survivor needs to pay care costs.

In the mean time the deceased persons share is held in trust so the OPs daughter will not own the property and it will not affect her benefits.

That's right, which is why I asked OP for more information.

Personally I think it's a drastic move to cut your daughter out of the will to enable her to claim benefits. Obviously if she does inherit (a sufficient amount) then she won't need the benefits. I wonder what OP's reasoning is.

Of course we're basing our answers on the current benefit system. Maybe in work benefits could change.