Deprivation of Capital

calcotti

TELLIT01 said: If there is no actual figure, there will be something in the will stating the proportion of the estate to go to each person, or information about which items they will receive.

If the will creates a trust is it not possible that how the trust funds are paid out is at the discretion of the trustees?

ConfusedUK35

I think these are the 2 pages that are relevant although I cannot get them to post in order 

peb

Difficult to tell without the full document but looks like a survivorship trust which means ends on you reaching 21.  

ConfusedUK35

peb said:

Difficult to tell without the full document but looks like a survivorship trust which means ends on you reaching 21.  

Ah, well I’m 35 

ConfusedUK35

Here is the full document. I tried to upload in order but it won’t 😩 I don’t understand the legal jargon at all and really appreciate all the help

calcotti

peb said:

Difficult to tell without the full document but looks like a survivorship trust which means ends on you reaching 21.  

I don’t think it says that. It says the money is in trust for granddaughter after she reaches 21 years.

I think this is a discretionary trust (but I am no lawyer) and in itself does not affect benefit entitlement. payments from the trust will have an impact as referenced in my earlier post.

However it will be for a Decision Maker to decide. I think that relevant benefit departments should be sent a copy of the will so that they can determine what impact it has if any.

ConfusedUK35

calcotti said:

peb said:

Difficult to tell without the full document but looks like a survivorship trust which means ends on you reaching 21.  

I don’t think it says that. It says the money is in trust for granddaughter after she reaches 21 years.

I think this is a discretionary trust (but I am no lawyer) and in itself does not affect benefit entitlement. payments from the trust will have an impact as referenced in my earlier post.

However it will be for a Decision Maker to decide. I think that relevant benefit departments should be sent a copy of the will so that they can determine what impact it has if any.

Thank you for this reply. I honestly can’t thank you (and other commenters) enough for taking time to help me.

calcotti

To be clear - you don’t need to involve Carer’s Allowance or PIP as they are not means tested.