Inheritance and Deprivation of capital rules

poppy12345

Bozzi said:

tomtom256 said:

It doesn't matter that your balance never exceded £6,000.

What you have done is intentially hide this capital and spent it, without declaring you over £6,000 in savings to the DWP. From what you are saying, the money was paid to you in small amounts, so as to remain hiddedn and keep your own bank balance below £6,000, so as not to affect your entitlement.

The best thing to do would be declare this to the DWP and let them sort it out via a decision maker.

My Aunt received advice from Scope who stated that nothing has to be declared until the bulk of the inheritance has been received into my bank account from the Executors Account (in which the bulk of the inheritance was received into my bank account during the months of March 2022 and April 2022). So I am in the process of declaring this now to the Local Authority and DWP.

You received the money in smaller amounts over a period of time. It's clear to me that you did this to continue to receive your means tested benefits.

calcotti

You really don't need to repeat your post 5 times.

calcotti

Bozzi, you really didn't need to repeat your reply 5 times.

Relevant guidance is here
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1065467/dmgch52.pdf

52172 It may take a long time before the executors, administrators or executors dative can administer or distribute the estate. The administration or distribution is usually complete when

1. all the dead person's
1.1 capital is accounted for and 

1.2 debts are paid and

2. any dispute is settled.

52173 An executor, administrator or executor dative does not have to distribute an estate until 

1. in England and Wales one year after the date of death or

2. in Scotland six months after the date of death or 

3. a longer period if the estate is complex.

52174 The people named in a will or the relatives of a person who has died intestate have no interest in specific property in the estate until the executors, administrators or executors dative

1. are in a position to distribute the estate or
2. would be in a position to complete the administration of the estate if they had acted properly.

Note: This does not apply to property specifically bequeathed in a will. Such property belongs to the person who inherits the property from the date of death of the person whose estate is being administered and is actual capital. This is subject only to the right of the executors or executors dative to resort to the asset if the remainder of the estate is insufficient to meet the outstanding debts of the deceased.

52176 At the end of the period in DMG 52174 the people named in a will or the relatives of a person who has died have a right to the capital that is due to them from the estate (see DMG 52035). A person's rights to capital are included when working out that person's capital.

52178 People only have a beneficial interest in the capital assets of the estate when ownership of those assets has been transferred to them.

poppy12345

calcotti said:

You really don't need to repeat your post 5 times.

Indeed and then start another thread, identical to this one.

calcotti

poppy12345 said:

calcotti said:

You really don't need to repeat your post 5 times.

Indeed and then start another thread, identical to this one.

Agreed - i shan't be commenting on the other thread.

OP, you should note the sentence "A person's rights to capital are included when working out that person's capital" included at paragraph 52176 of the guidance I quoted.