Contradictory advice from solicitors

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81983339#Comment_81983339

Several issues with that even if the OPs brother could be convinced to do this. One that this could give the OP an IHT liability that would sit within their estate for 7 years another is that this would be considered as deprivation of assets as far as means tested benefits are concerned.

Keep_pedalling

That is not really possible as the trust would need to be created by the will.

Grumpelstiltskin

I think you need to get to the bottom of his finances, if he doesn't leave the house, doesn't have internet how does he pay his bills, buy food etc.?

If he is in receipt of means tested benefit them if he does try and refuse the inheritance he will be in trouble, if he doesn't receive means tested benefit then how does he live,?

saajan_12

https://forums.moneysavingexpert.com/discussion/6666368/contradictory-advice-from-solicitors

One solicitor has agreed to this. The other is stating that they can not pay to any bank account other than one held by my brother, and cannot proceed without his confirmation of details ( he also doesn’t have an active bank account at this point)

We seem to be at a stalemate, and I can not figure out why one solicitor is willing to proceed when the other isn’t.

Honestly I think the solicitor not complying is more correct than the solicitor willing to transfer to you. Particularly where the person that would less has mental health issues so may not be able to fully and rationally consent to this and you don't have any formal paperwork to act on brother's behalf.

I would focus on getting a LPA for his financial matters, since it sounds like thats what you want to achieve (ie you look after the money for him). Then you would open the bank accounts on his behalf and manage the communications, so he only has to be involved once.