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Benefits and inheritance
rev229
Posts: 1,048 Forumite
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?
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?
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Comments
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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 There1 -
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 There1 -
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.1
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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 him0
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AFAIK as a executor it's not in your duty to inform any benefit department.
Let's Be Careful Out There1 -
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 himYou 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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