Tenants in common and universal credit

getmore4less

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.

Try answering the important question in post #2

Keep_pedalling

maman wrote: »

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.

Sorry, I meant to quote one of Gomers posts rather than yours.

Mojisola

maman wrote: »

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.

Possibly concerned that the daughter's benefits would be cut but that she couldn't make use of any of her inheritance without forcing the surviving parent to sell their house.

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.

This solves that problem.

Suz1949

Keep pedalling is correct as the surviving spouse has a life interest in it and both children are executors and trustees also there are two of us as tenants in common not four. Problem solved!

maman

Mojisola wrote: »

Possibly concerned that the daughter's benefits would be cut but that she couldn't make use of any of her inheritance without forcing the surviving parent to sell their house.[/COLOR]

I'd rather assumed that the daughter wouldn't inherit until both parents had died. Otherwise the surviving partner would be disadvantaged.
More information would be useful. I'm interested because we're in a similar situation.

getmore4less

Suz1949 wrote: »

Keep pedalling is correct as the surviving spouse has a life interest in it and both children are executors and trustees also there are two of us as tenants in common not four. Problem solved!

Unless you both die.

maman

Suz1949 wrote: »

Keep pedalling is correct as the surviving spouse has a life interest in it and both children are executors and trustees also there are two of us as tenants in common not four. Problem solved!

Sorry, but we cross posted.

So, as I assumed, your partner is provided for and your daughter inherits only after both parents have died.

So when she eventually inherits she won't need benefits because she'll have her inheritance . Is this what you mean by problem solved?

maman

getmore4less wrote: »

Unless you both die.

Regardless of the time lapse between deaths (if any), the daughter doesn't inherit until both have died.

I think I must be missing something here. Why are the benefits relevant if the daughter is going to inherit money and /or property?

Suz1949

As no money will be released from the sale of the house until after the second death as it's held in trust, then upon gaining her inheritance the UC would cease to be paid.

maman

Suz1949 wrote: »

As no money will be released from the sale of the house until after the second death as it's held in trust, then upon gaining her inheritance the UC would cease to be paid.

From what you've said then it sounds like there is no 'cash' in the estate, only the proceeds of the property.

Would someone advise whether your daughter's benefits would be stopped before the house could be sold and she actually received any money. I can see why that would be difficult.