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Deprivation of Capital
Comments
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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?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.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.1 -
I think these are the 2 pages that are relevant although I cannot get them to post in order0 -
Difficult to tell without the full document but looks like a survivorship trust which means ends on you reaching 21.0
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Ah, well I’m 35peb said:Difficult to tell without the full document but looks like a survivorship trust which means ends on you reaching 21.0 -
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 help0 -
I don’t think it says that. It says the money is in trust for granddaughter after she reaches 21 years.peb said:Difficult to tell without the full document but looks like a survivorship trust which means ends on you reaching 21.
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.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.1 -
Thank you for this reply. I honestly can’t thank you (and other commenters) enough for taking time to help me.calcotti said:
I don’t think it says that. It says the money is in trust for granddaughter after she reaches 21 years.peb said:Difficult to tell without the full document but looks like a survivorship trust which means ends on you reaching 21.
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.0 -
To be clear - you don’t need to involve Carer’s Allowance or PIP as they are not means tested.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.1
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