will and affects

elsien

The executors could stand down and walk away from dealing with the issue.
This happened in my family where a property was left between four children, one of them were still living in the property and refused to move out. The (non-beneficiary) executors renounced and 10 years later, the person is still living there, the estate remains unadministered, and I believe the other beneficiaries are still getting means tested benefits.
Whether this will catch up with them in the future, who knows, but at the moment of property is still part of the estate which has not been distributed.

silvercar

Are the executors also beneficiaries? Or is the beneficiary who lives in the house the only beneficiary? If the resident is the only beneficiary, they (as in he or she, singular) get the whole of the house.

JD118

https://forums.moneysavingexpert.com/discussion/comment/82003575#Comment_82003575

Three executors, one being in the house, the beneficiary

JD118

Was there money involved like a cash amount

Cubicsrube

https://forums.moneysavingexpert.com/discussion/comment/82003596#Comment_82003596

So four people, three of whom are just executors of the will while the fourth is the only beneficiary?

This seems at odds with your earlier posts. Perhaps it would help people give you relevant advice if you spelled out:

- the total of the deceased person's estate (rough value of house, rough value of any other cash/investments)
- what the will says about how it is divided up (eg beneficiary A, daughter of deceased, gets X% of house and X% of the rest; beneficiary B, grandson of deceased who lives in house currently, gets…. etc.)

That seems more relevant to your question than who the executors are…

Newly_retired

re Benefits.

Someone in receipt of means-tested benefits can have up to £6000 in capital without it affecting their benefits.

Capital over £16000 results in them losing their m-t benefits.

A smallish deduction is made on a sliding scale between £6k and £16K.

However money not yet received is irrelevant as it is not yet in their bank account. No need to declare it until received ie once the administration of the estate is complete.

However, declining an inheritance in order to continue to receive m-t benefits is not allowed =Deprivation of Assets.

Newly_retired

I should add that if the proceeds are from the sale of a property the person on benefits has been living in, they may be disregarded by DWP for a period, in order to be used towards the provision of a different property for them to occupy.

RAS

As Cubicsrube indicates, what's really important is the exact wording of the will.

If the will leaves the house to 4 people with one permitted to live there until a specified time (could be death), then it probably creates an Immediate Post Death Interest trust.

That would shelter the occupier and mean that the beneficiaries do not own the property. It is owned by the IPDI trust. The trust protects the value from things like care fees and divorce and the beneficiaries don't get any value until the occupier vacates and the house is sold. The trust does have to be registered with HMRC.

Can you share a copy of the relevant bit of the will with names and addresses and any other identifiers blanked out? Or type out the section of the will dealing with the house?

JD118

https://forums.moneysavingexpert.com/discussion/comment/82003755#Comment_82003755

Sorry I may bit jumbled

Me executor

Mother executor

Brother live in house executor

Another sibling is a beneficiary

JD118

I don't think it mentions anyone to stay in the property, it was my grandfather whom instructed for him to stay, but wasn't wrote down, the information you have supplied would have been the better way of writing it, as he can stay until his demise and whom ever if anyone left would sell the property in its entirety,