Proceeds of will payout

sheramber

DWP will become aware of the inheritance as the will will be available online.

NedS

sheramber said:

DWP will become aware of the inheritance as the will will be available online.

Indeed, but better they know up front and the benefits stop than finding out 2 years down the line and there being a large overpayment, once the brother has spent the inheritance on drugs and finds themselves in a large amount of debt and facing a potential fraud charge.

In answer to a previous question, unfortunately it is not uncommon for vulnerable people to have their benefits paid into the account of a family member or friend where they lack sufficient ID / Capacity to open a bank account. Where it is the account of a friend, often that 'friend' is equally vulnerable.

If I were in @Richard_Newlove's shoes, I would notify DWP of the inheritance once you are in a position to distribute the estate given the vulnerability of their bother, to ensure they do not end up in a worse position. DWP may be able to assist or refer to a support worker who can assist their customer in opening a basic bank account to allow the inheritance to be paid. This will not be the first time they've come across such barriers.

elsien

NedS said:

sheramber said:

DWP will become aware of the inheritance as the will will be available online.

Indeed, but better they know up front and the benefits stop than finding out 2 years down the line and there being a large overpayment, once the brother has spent the inheritance on drugs and finds themselves in a large amount of debt and facing a potential fraud charge.

In answer to a previous question, unfortunately it is not uncommon for vulnerable people to have their benefits paid into the account of a family member or friend where they lack sufficient ID / Capacity to open a bank account. Where it is the account of a friend, often that 'friend' is equally vulnerable.

If I were in @Richard_Newlove's shoes, I would notify DWP of the inheritance once you are in a position to distribute the estate given the vulnerability of their bother, to ensure they do not end up in a worse position. DWP may be able to assist or refer to a support worker who can assist their customer in opening a basic bank account to allow the inheritance to be paid. This will not be the first time they've come across such barriers.

Realistically, is that something that they actually do in practice, because I have worked with a number of vulnerable people with finance/benefits issues and the DWP have been no help at all?

NedS

elsien said:

NedS said:

sheramber said:

DWP will become aware of the inheritance as the will will be available online.

Indeed, but better they know up front and the benefits stop than finding out 2 years down the line and there being a large overpayment, once the brother has spent the inheritance on drugs and finds themselves in a large amount of debt and facing a potential fraud charge.

In answer to a previous question, unfortunately it is not uncommon for vulnerable people to have their benefits paid into the account of a family member or friend where they lack sufficient ID / Capacity to open a bank account. Where it is the account of a friend, often that 'friend' is equally vulnerable.

If I were in @Richard_Newlove's shoes, I would notify DWP of the inheritance once you are in a position to distribute the estate given the vulnerability of their bother, to ensure they do not end up in a worse position. DWP may be able to assist or refer to a support worker who can assist their customer in opening a basic bank account to allow the inheritance to be paid. This will not be the first time they've come across such barriers.

Realistically, is that something that they actually do in practice, because I have worked with a number of vulnerable people with finance/benefits issues and the DWP have been no help at all?

Depends how good the staff at the local jobcentre are, and the quality of the local support partners they have in place. When I worked at a jobcentre some years ago, opening a basic bank account for some people was a real struggle due to lack of ID. We had a partnership with a local bank branch where we could refer the claimant for an appointment and issue proof of benefit documentation which the bank would accept. Great example of a local partnership. DWP would even fund a provisional driving licence application for vulnerable claimants to give them photo ID. Unfortunately that bank branch later closed and you're back to square one.

Evolwen

Just a further note: I've spoken to the conveyancers and as I am the sole executor of the will, it will be up to me to distribute the inheritance between the three of us.
I also checked on ChatGPT and found there is a way to pay my brothers share to someone else, but I'd need a solicitors letter with all the necessary details (including that the money was being indirectly paid to my brother) that would ensure I wouldn't be on the hook if it all went pear-shaped. Any other advice is greatly appreciated.

doodling

Hi,

All the options are messy.

The simplest (!!) one is to simply hand over cash in front of a witness (or several) (who would have to witness the amount, the visual identity of the beneficiary (i.e. so that they could recognise them again) and the fact that it has been handed over), but there are moral issues in handing a drug user what I assume to be a substantial amount of cash, large amounts of cash would be difficult for the beneficiary to handle and you'd want a witness who would be accepted as reliable should the beneficiary claim that the money was never given to them.  There is also a (small) risk that by handing over cash the DWP may see you as colluding with the beneficiary to defraud them although that could be mitigated by telling the DWP what you have done.

An option would be to write a cheque but there is no obligation on the beneficiary to cash it and there isn't much they can do if they don't.

Another option is to simply not pay the money out until the beneficiary has sorted out an account but that leaves you with a dollop of money sitting around which is annoying (and potentially would eventually get treated as a trust).

Telling the DWP that they have inherited would be a way forward as it might stop benefits, crystallising the need for the inheritance but if the beneficiary has no account to receive the inheritance then, in the absence of the cash option, it could leave them without any money at all.  In addition, some families may see reporting other members of the family to the authorities as morally worse than defrauding the DWP.

Evolwen

Thanks @doodling, the options definitely are messy!
The amount involved will be in the region of £30k, so I'm not sure I'd be allowed to take that much cash, and definitely not in one withdrawal. I certainly wouldn't feel comfortable handling that over to anyone.

I've looked into cheques and some banks have a limit on maximum amounts (£10k and £15k seem to be the limit), but again, where's he going to cash those in, even if I split the amount over two or three cheques?

I don't really want to have to sit on the money but get the feeling it might end up like that, at least temporarily - could you explain more about it being treated as a trust please?

I'm not even sure the threat of me telling the DWP would work, other than, as someone else has suggested, the DWP might be able to provide some form of ID proof that could help him get a basic bank account. 
I don't have a moral problem in letting the DWP know; if he's inheriting 2 or 3 years worth of benefits, then he shouldn't be claiming any means-tested benefits. 

Spendless

Sorry but I dont believe that your brother hasnt got some account. How are his benefits being paid to him? Im also cynical about the issue with getting a passport to open a bank account and more inclined to think it was a way to wriggle out of telling you hed got/opened one.

I suspect he doesnt want to tell you he has a bank account because hes aware the inheritance will stop his benefits but hed like the money hes been left hence he's asked you to pay it into someone else's account.

Id be very wary of paying it into someone elses account and would only slightly consider it after getting legal advice first regardless of what chatGPT says. 

NedS

Are you able to support your brother in opening a basic bank account? Help them to obtain basic ID and proof of address, book them an appointment and attend with them? Explain to the bank they need an account to receive their inheritance and to have their benefits paid into.

Evolwen

NedS said:

Are you able to support your brother in opening a basic bank account? Help them to obtain basic ID and proof of address, book them an appointment and attend with them? Explain to the bank they need an account to receive their inheritance and to have their benefits paid into.

I supported him when I tried to get him a passport but he has to fill the necessary forms in and in the right timeframe.
I've set him up with a mobile contract and phone so he can't run out of minutes, texts or data.
I work full time and don't have the time or, to be honest, the inclination to be hand-holding a grown man, abuse issues or not. I stopped being his crutch about 30 years ago. There is help available for him but he has to make those decisions himself.

Apologies if that comes across as harsh but if I told you the full range of the things he's done in the past 30 years, you would probably feel the same. I can help him to help himself, but I can't do everything. I've already dealt with the will, probate, mum's home, her hospital, social and hospice care, the funeral, the wake, the estate agents, the solicitors, with help from my sister and my wife. Take a guess at what he helped with.
Again, I don't mean to be rude but suggesting I haven't supported him already is a little...infuriating.