Do you have to accept a bequest in a will?

Boohoo

The OP started a thread on here a few years back about inheritance of £75 grand and the effect on benefits received.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81972319#Comment_81972319

Once the testator dies the beneficiaries are entitled to their inheritance, and turning the inheritance down or giving it away (even if by deed of variation) is very much deprivation of assets for means tested benefits.

If however the testator changed the will to disinherit that beneficiary ot put it into trust then that would not be the case.

HillStreetBlues

https://forums.moneysavingexpert.com/discussion/comment/81972581#Comment_81972581

Glad you agree.

bobster2

https://forums.moneysavingexpert.com/discussion/comment/81972306#Comment_81972306

I suspect AI hallucinated this for you. Was it ChatGPT or a Google AI overview?

Following this bizarre line of reasoning - a young person encouraging their parents to enjoy themselves and spend money on holidays (rather than potentially leave the money to them in their estate) would be deprivation of assets on the part of the young person! 😲

matt.d.

Thanks for the replies all - I was offline yesterday so only just reviewing.

Forgive me if I don't divulge the charity details but I want to avoid any potential for this getting wider publicity just in case it might affect my daughters' position. But just to clarify a few points raised in the comments:

Daughter is part time worker (single mum) so doesn't have a huge income. Also location is in SW London so £80k and low income = no opportunity to use as a deposit as she would not have income to buy a property

The charity do actually refer to the flats as almshouses so this might be a different status? Not sure myself on this point

Hope this provides a bit more context?

MyRealNameToo

So her priority is having a reduced rent and relying on charity than having £80k and paying market rate for the rent? Some people's thinking is totally alien to me.

They could use a deed of variation to formally change the will so they dont receive anything, alternatively they could simply refuse the gift in which case the monies will fall into the catchall clause at the end of the will that covers anything not already covered which may well mean it goes to the 5 remaining relatives or something else.

How much is the rent discount worth? How many years of discount would the £80k represent? The idea of redirecting the gift to the charity is possibly a nice one of giving back to who's supported her however I suspect, similar to many of the suggestions of committing fraud already given, that the intent is to find a way of benefiting of it in the future whilst continuing to receive the charity of others in the interim.

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/81972982#Comment_81972982

I think it would be useful for you to ascertain the exact status of this property ( almshouse) and to read very carefully through the contract that will have been signed. Especially anything regarding a change of status for the occupant.

poseidon1

Now that it is clear this is a situation where the potential legacy recipient is London resident and currently qualifies for heavily discounted Almshouse housing, I can understand their desire to disclaim this modest £80k inheritance, and avoid jeopardising their rights to such housing.

For those who have no direct experience of London cost of living by way of horrendously high rents and ( for many) unattainable house price costs, £80k does not begin to compensate for loss of Almshouse qualification status.

My sympathies are therefore with the legacy recipient.

For those who are unaware of typical Ts & Cs for Almshouse qualification the following example (near me) is an example -

https://www.dulwichalmshousecharity.org.uk/the-almshouse/who-can-apply

Frankly, if this was the Almhouse in question, who here if they qualified for residency would give this up for a paltry £80k?

Keep_pedalling

Thanks for clarifying the situation, I did not know arms houses could be offered to key workers on low income.

I am not sure I’d deprivation of assets would be applicable here if she did a deed of variation. It would certainly impact any means tested benefits she receives.

Is there any chance the testator could add a codicil to her will?

mta999

https://forums.moneysavingexpert.com/discussion/comment/81972319#Comment_81972319

But you do have it - you are the beneficiary in an existing will

Going to the testator and saying something like 'please can you cut me out of your will because then I won't lose my benefits' is deprivation of assets

You are in effect asking for assets that you expect to receive to be diverted away with a specific intent of continuing to receive means tested benefits