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Money left in will

edited 30 November -1 at 1:00AM in Benefits & Tax Credits
6 replies 1.1K views
sevenhillssevenhills Forumite
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edited 30 November -1 at 1:00AM in Benefits & Tax Credits
I still see my ex's dad on a regular basis, he is 92. He does have posible skin cancer, but he is otherwise very well!



Bizzarly my ex said that when he dies and she gets a quarter of the estate, £200,000; she will give her daughter £20,000 and me a few thousand.
My ex has not worked in at least 10 years, what would happen to her benefits if she got £50,000 and then gave away half of it and spent some?

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  • poppy12345poppy12345 Forumite
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    sevenhills wrote: »
    I still see my ex's dad on a regular basis, he is 92. He does have posible skin cancer, but he is otherwise very well!



    Bizzarly my ex said that when he dies and she gets a quarter of the estate, £200,000; she will give her daughter £20,000 and me a few thousand.
    My ex has not worked in at least 10 years, what would happen to her benefits if she got £50,000 and then gave away half of it and spent some?
    If she receives any means tested benefits then anything she receives that's more than £16,000 then all of her benefits will stop.


    If she gives any of the money away then they will be classed as deprivation of capital and she will still be classed as having the money. You can't just give the money away and expect to carry on claiming means tested benefits.
  • TELLIT01TELLIT01 Forumite
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    If she received £50k and gives away even half of it she will still be way above the limit for Income Related benefits. However she will also be assumed, by DWP and other departments, still to have the money she gave away. As poppy12345 said, it will be considered 'Deprivation of Capital'.
  • MojisolaMojisola Forumite
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    sevenhills wrote: »
    I still see my ex's dad on a regular basis, he is 92. He does have posible skin cancer, but he is otherwise very well!

    Bizzarly my ex said that when he dies and she gets a quarter of the estate, £200,000; she will give her daughter £20,000 and me a few thousand.

    If she got her Dad to make a will, leaving the money directly to you and her daughter, that would be okay.

    If she is the beneficiary and gives away the money, the situation is as the others have said - she will been counted as still having the money.
  • sevenhillssevenhills Forumite
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    Mojisola wrote: »
    If she is the beneficiary and gives away the money, the situation is as the others have said - she will been counted as still having the money.


    I have tried to avoid even talking about the will, I am the person that sees him the most, but I accept I could well get nothing.

    He is of sound mind, but he struggles to decide what to do, he should speak to the solicitor that drew up the will.

  • TELLIT01TELLIT01 Forumite
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    sevenhills wrote: »
    I have tried to avoid even talking about the will, I am the person that sees him the most, but I accept I could well get nothing.

    He is of sound mind, but he struggles to decide what to do, he should speak to the solicitor that drew up the will.


    I don't see (a) why you feel that potentially you should get anything from his estate and (b) why you think it bizarre that he would leave his estate to his children. What he wishes to leave to whom, is entirely his decision and I do agree that you really shouldn't discuss his will unless he raises the subject.
  • Tell your ex she will cause herself difficulties if she gives money away, if she wants her dad to give money to you and her daughter then dad needs to change his will.
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