Advice needed please

dprovan

Firstly, I am not sure if this is posted in the right place, or if what I am asking is entirely legal, so if my question is mis-guided please accept my appologies.

My Mother recently passed away and we are in the throws of sorting the practicalities out. It is just me and my brother left who will split 50-50 anything from my Mothers estate. Which will be her pension and a payment from her employer (a one off payment as she was employed when she died).

Very roughly this total is likely to be somewhere between 20-30k each. My brother is diagnosed with a learning difficulty and mental health difficulties. Both of which are sever enough to mean he faces challenges in daily living. But neither sever enough to warrant any guardianship arrangement.

He receives income support and Disability living allowance because of his condition and incapacity to work. My concern is that if he receives this lump sum it will impact greatly on his benefits and whilst I personally have a value base that people should work for their living, he can't just now, so it seems unfair that he should be expected to use a significant part of his inheritance for his daily living.

Therefore my question: I have been wondering if there was some way he could sign the money over to me or agree for me to receive this from the estate, him still having control over the money but not being disadvantaged re his benefits.

As mI say if this is an inappropriate question please accept my appologies and feel free to delete. I hope people can empathise with the situation however.

We have a solicitor who I could discuss this with, but I wanted to gauge appropriateness first.

Thanks

dunstonh

Therefore my question: I have been wondering if there was some way he could sign the money over to me or agree for me to receive this from the estate, him still having control over the money but not being disadvantaged re his benefits.

If there was a will made, then you could enter into a deed of variation. This is where the beneficiaries can agree to pay the benefits out a different way (ie. not to your brother). It needs all beneficiaries to agree. This cannot be done if there was no will.

Pensions do not form part of the estate. They are a trust in their own right and currently would be paid out to the nominated beneficiaries or whom the trustees felt it was most appropriate to. (depends on the pensions most of the time)

Tax evasion is illegal as is trying to obtain benefits illegally. However, if you are looking at ways to avoid tax or keep benefits within the law, then it is fine.

so it seems unfair that he should be expected to use a significant part of his inheritance for his daily living.

Some would say that it seems unfair for the taxpayers to pay for the daily living when he has the means to do it himself. However, thats a no win arguement both ways as there are merits to both sides.

The solicitor could help you on this. Make him aware of the situation and if there was a will, suggest a deed of variation and ask him what he thinks, given you and your brother's situation.

dprovan

thank you for your response,

there was no will unfortunately.

I do hear your point about there being two ways of looking at what is fair and not. I have worked all my days and his is something I hold dear.

I will discuss this with solicitor, thanks again.

Robert_Sterling_3

It is unfortunate that there is no will.

flossy_splodge

If you set his inheritance up as a trust so he can call on it for eg capital expenditure deemed necessary by trustees, this might help.
I have every sympathy with your predicament. The benefit fraud rules seem so often to target the innocent and disadvantage them but the b***** keep on going. In my area the Job Centre staff know who is on the fiddle but because they are 'frightened' of the consequences to themselves of blowing the whistle, instead they target the easy prey like your brother. Until we start to pay proper rates of pay to such government employees that would allow people of integrity and compassion to take up these jobs instead of pen pushers, nothing will change. Would you put your personal safety on the line for about £13000 pa? I wouldn't. I would actually recommend a first class financial adviser would best help you. Well worth the fee.
Oh and before there is an avalanche of protest, yes I have met some super Job Centre staff, they just happen to be woefully in the minority in my personal opinion. Most receive inadequate training to operate a complex system. I have often been able to tell THEM what the rules are as so many seem to have left school at age 8, judging by their intellectual capacity.