Inheritance will stop all my disability benefits. No trustee?

biggysmaller

My mum is soon to pass and i am beneficiary in her will. Not a huge sum but big enough to stop all of disability benefits and maybe survive a year or two on the inheritance.
I know a discretionary trust fund would have avoided this stopping of benefits but I could not find a trustee to take on the trust! 

Any advice please. This inheritance will be like a poison challace! 

Will i have to reapply for all disability benefits after the money is spent? 

I cant refuse the inheritance either as that would also stop my benefits!

marcia_

biggysmaller said:

My mum is soon to pass and i am beneficiary in her will. Not a huge sum but big enough to stop all of disability benefits and maybe survive a year or two on the inheritance.
I know a discretionary trust fund would have avoided this stopping of benefits but I could not find a trustee to take on the trust! 

Any advice please. This inheritance will be like a poison challace! 

Will i have to reapply for all disability benefits after the money is spent? 

I cant refuse the inheritance either as that would also stop my benefits!

 A poison chalice 😵 why would being able to live and pay for your needs yourself be poison 

Robin9

Do you live in your own property ? If so I think it is permitted to spend some capital on it - insulation, double glazing - items that help the disability - stair lift etc

biggysmaller

Robin9 said:

Do you live in your own property ? If so I think it is permitted to spend some capital on it - insulation, double glazing - items that help the disability - stair lift etc

No, the property is rented. 

biggysmaller

marcia_ said:

biggysmaller said:

My mum is soon to pass and i am beneficiary in her will. Not a huge sum but big enough to stop all of disability benefits and maybe survive a year or two on the inheritance.
I know a discretionary trust fund would have avoided this stopping of benefits but I could not find a trustee to take on the trust! 

Any advice please. This inheritance will be like a poison challace! 

Will i have to reapply for all disability benefits after the money is spent? 

I cant refuse the inheritance either as that would also stop my benefits!

 A poison chalice 😵 why would being able to live and pay for your needs yourself be poison 

Because my disability is degenerative and it will  absolute hell to to get government assistance and support group benefits again in just a relatively short period. This prospect i dread. 
Also, my position is that I cannot manage finances well and therefore would have rather had a trustee to look after my inheritance whilst still having the security of disabled benefits. 

A disability treat fund is possible and secures all existing benefits as so is a discretionary trust fund, but with a trustee in unable to take on this responsibility I am snookered.

Alice_Holt

What exact 'disability benefits' are you receiving ?

If ESA is it income or contribution-based ?

Robin9

@biggysmaller   Is a financial POA  an option  - takes time to get into place but your mum's affairs will also take some time.

Placitasgirl

Can you please clarify what disability benefit(s) you receive? If PIP this is not affected by savings or capital. 

If ESA as asked it would be helpful to know if it's income or contributions based. 

BriNylon

biggysmaller said:

My mum is soon to pass and i am beneficiary in her will. Not a huge sum but big enough to stop all of disability benefits and maybe survive a year or two on the inheritance.
I know a discretionary trust fund would have avoided this stopping of benefits but I could not find a trustee to take on the trust! 

Any advice please. This inheritance will be like a poison challace! 

Will i have to reapply for all disability benefits after the money is spent? 

I cant refuse the inheritance either as that would also stop my benefits!

If your mum still has capacity to make a will then she should do so. Instead of leaving all her money to you, she should leave it to a discretionary trust and make you a beneficiary of that trust.   She should have a separate letter of wishes addressed to the trustees instructing them to make payments to you which will not compromise your means tested benefits.  Eg when you need to buy something.
If she leaves the money to you and you give it away to avoid means testing it is regarded as deprivation of assets.  If you have never had the money it is not.
She needs to instruct a STEP qualified solicitor with a decent private client department who should know this.  They will act as trustees if needed.

biggysmaller

Placitasgirl said:

Can you please clarify what disability benefit(s) you receive? If PIP this is not affected by savings or capital. 

If ESA as asked it would be helpful to know if it's income or contributions based. 

Pip and income based esa..

Alice_Holt

biggysmaller said:

Placitasgirl said:

Can you please clarify what disability benefit(s) you receive? If PIP this is not affected by savings or capital. 

If ESA as asked it would be helpful to know if it's income or contributions based. 

Pip and income based esa..

      PIP will be unaffected. It is not means tested. This disability benefit will not stop. 

 When your savings dip below £16k, you can apply for UC.