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Benefits and inheritance

My brother (65) is in receipt of multiple benefits.. PIP , housing etc.
I’m the executor for our mother’s estate. He will get a £5k lump sum then £60k in trust fund. Surely he needs to declare this? 

Comments

  • If the £5k  take his capital over £6k then that has to be declared.

    The trust fund needs to be looked at carefully.
    A trust fund can be exempt from means-tested benefits as the person isn't deemed to own the fund  but can use the money in that fund.


    Let's Be Careful Out There
  • HillStreetBlues
    HillStreetBlues Posts: 6,625 Forumite
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    edited 20 January 2023 at 3:54PM
    I did forget to say has to be declared for means-tested benefits.
    So doesn't need to declare for PIP.
    Let's Be Careful Out There
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As indicated by HillStreetBlues a trust may be disregarded - the terms of the trust will be the determining factor.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • rev229
    rev229 Posts: 1,048 Forumite
    Part of the Furniture 500 Posts PPI Party Pooper Mortgage-free Glee!
    From what I know as we have no contact with him, he has PIP, housing benefits and UC. I’ve told the solicitor that we have no contact or rather he refuses to engage with us and I want no responsibility for his part of the inheritance! No idea how to progress. The solicitor will try to contact him
  • AFAIK as a executor it's not in your duty  to inform any benefit department.

    Let's Be Careful Out There
  • NedS
    NedS Posts: 5,286 Forumite
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    rev229 said:
    From what I know as we have no contact with him, he has PIP, housing benefits and UC. I’ve told the solicitor that we have no contact or rather he refuses to engage with us and I want no responsibility for his part of the inheritance! No idea how to progress. The solicitor will try to contact him
    You can (anonymously, or otherwise) contact and report the inheritance to DWP, who can then investigate. You could state that he is your brother, you are the executor of the will and he is potentially vulnerable (as in receipt of PIP) and hence unable to report for himself. DWP can then investigate sympathetically and assist your brother to ensure he is getting the correct entitlement to any means-tested benefits.


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