Refusing an inheritance and disability benefit entitlement 10 March at 6:22PM in Benefits & tax credits 10 replies 648 views

Hereforthetea

My dad recently died and left a will that leaves equal shares of his estate to myself. my siblings and my mum. He made it clear towards the end of his life though that he wanted my younger sister to inherit the whole estate. The reason being that she has given up her job to look after him and continues to look after our mum. Also he provided a lot for us in the last few years. I am in agreement with this as is my older brother. He did not change his will though as he was too ill.
I was planning to disavow my share by signing a document as the solicitors.
The sticking point is that I am disabled and in receipt of universal credit as I have a severe disability that means I am unable to work.This will not change and I am well taken care of by the state. All my needs are met.
Now I am really worried that the DWP will consider that I have deliberately deprived myself of capital and I will be left high and dry.
What should I do? Do I take the money and go against my dying dad's wishes?
This will cause a family rift not of my making.
How likely is it that the DWP will go after me in this way? Should I risk it for the sake of family harmony?
I really don't know what to do for the best.
For information my share is approx £35,000 cash and a 1/3 share of house left in lifetime trust to mum (share of house currently worth £60,000) but can't be sold as it is mum's home.

HillStreetBlues

It would like deprivation of capital. You would have to show the reason you gave it away wasn't to keep on getting UC. and that might be a battle.

So if you decide to do what you suggested you might end up with no UC  and no money.

As for family harmony, have you said if you give the money away you might end up with little to no money.

Jyana

They don't accept anything but an official amendment if there is a will, speaking from personal experience within the last few years.

Spoonie_Turtle

Question for those more knowledgeable: would affadavits be of any use here - mum and siblings all independently say these were OP's father's wishes, plus OP saying that's the only reason they gave up their share?

HillStreetBlues

Spoonie_Turtle said:

Question for those more knowledgeable: would affadavits be of any use here - mum and siblings all independently say these were OP's father's wishes, plus OP saying that's the only reason they gave up their share?

The trouble is that is open to abuse so getting the  DWP to accept it would be tough
A much better chance is if a solicitor or someone Independent  and in legal high standing  would attest to the fact of the fathers wishes.

EDIT
Just wanted to add  the DWP might never accept it, but a person can appeal
(just wanted to make clear)

Marmaduke123

Deed of variation? Would this be acceptable to DWP?

Keep_pedalling

Marmaduke123 said:

Deed of variation? Would this be acceptable to DWP?

No, because it it still gifting an asset you are entitled to. .

Jyana

We had a letter, written a month or so before death, but that wasn't accepted in my case. I was told that the legal will stood above everything else. I didn't really do huge amounts of investigating/fighting of it though, for the amounts involved it was easier/fairer to just settle it both ways.

p00hsticks

Hereforthetea said:

The sticking point is that I am disabled and in receipt of universal credit as I have a severe disability that means I am unable to work.This will not change and I am well taken care of by the state. All my needs are met.

I'm not a benefits expert but are you also claiming PIP ?
That isn't means tested so an inheritance wouldn't affect your entitlement in the same way that it does for Universal Credit. 

Robbie64

I would strongly suggest you take legal advice before making any decision and that you discuss it with a solicitor who will also be able to advise on implications re: means tested benefits. The only way to change the will is by completing, as mentioned above, a Deed Of Variation. All beneficiaries would need to sign one to completely change the will. You only have the power to change your own share of the estate.

Are you the only person in receipt of a means tested benefit? What happens if your brother needs to claim benefits at some point in the future?

poppy12345

Robbie64 said:

 The only way to change the will is by completing, as mentioned above, a Deed Of Variation.

Even if they do this, it will still be classed as deprivation of capital.