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Original poster

Inheritance and Universal credit

46 replies

inheritanceargument · 07/08/2022 16:49

If one of a set of (full) siblings is disinherited and they challenge this legally are they in a better position because they are on full benefits and have a disability ?

I know that people can leave their money to whoever they want BUT this seems really unfair. (Not me btw but someone iam supporting). There is no real reason for it as far as I can see but the disabled sibling has been unable to care for the mother so has been disinherited (I’m assuming the other siblings have pushed this - citing how a council house and benefits means they are provided for already….) but surely if they were to get the inheritance they could come off UC (it would be quite a large sum).

OP posts:
Janedoe82 · 07/08/2022 16:55

Maybe the parent doesn’t want their savings to be used to pay for care.

Original poster
inheritanceargument · 07/08/2022 17:00

Janedoe82 · 07/08/2022 16:55

Maybe the parent doesn’t want their savings to be used to pay for care.

For their disabled child or themselves? If it’s for their child surely they are still entitled to it ? That’s not a reason to give one child nothing surely?

OP posts:
Original poster
inheritanceargument · 07/08/2022 17:03

As far as I’m aware too pip and direct payments are paying for care and they aren’t means tested

OP posts:

Interested in this thread?

Then you might like threads about this subject:

Benefits
Janedoe82 · 07/08/2022 17:04

For their child- if any money awarded is then used to pay for care (which would be free otherwise), they probably think might as well go to other children who can actually use it.

Janedoe82 · 07/08/2022 17:05

They would lose housing benefit for example too

Original poster
inheritanceargument · 07/08/2022 17:06

Janedoe82 · 07/08/2022 17:04

For their child- if any money awarded is then used to pay for care (which would be free otherwise), they probably think might as well go to other children who can actually use it.

But surely you would want to make sure all your children were provided for whatever their needs ? I’m just wondering if the vulnerable position and being on UC would actually be an advantage legally to challenge this ?

OP posts:
Janedoe82 · 07/08/2022 17:10

Parents could have made arrangements with siblings separately? Unless you know the full details would tread carefully.

Original poster
inheritanceargument · 07/08/2022 17:17

Janedoe82 · 07/08/2022 17:10

Parents could have made arrangements with siblings separately? Unless you know the full details would tread carefully.

As far as I know no it’s an equal split between all other siblings I will try to find out more

OP posts:
Whiskers4 · 07/08/2022 17:35

If the Will has been written by a solicitor, any decent solicitor would ask their client to write a letter giving their reasons as to why they are treating siblings differently. It helps if it goes to Court I terms of determining the reason and fairness. Letter to be left with Will.

LovelyLovelyWarmCoffee · 07/08/2022 17:42

As long as the will was made legally I don’t see why a parent can’t choose to exclude a child, regardless of if they receive UC.

Butitsnotfunnyisititsserious · 07/08/2022 17:46

I’m just wondering if the vulnerable position and being on UC would actually be an advantage legally to challenge this ?

I'd be surprised. A person can choose who to leave their money too. If they don't want to include one child, that's their prerogative.

Original poster
inheritanceargument · 07/08/2022 17:57

Butitsnotfunnyisititsserious · 07/08/2022 17:46

I’m just wondering if the vulnerable position and being on UC would actually be an advantage legally to challenge this ?

I'd be surprised. A person can choose who to leave their money too. If they don't want to include one child, that's their prerogative.

It just made me think from a legal perspective would the court or whoever decides think that actually the inheritance is quite a large sum which would enable someone to live independently and not need to claim UC anymore

OP posts:
Original poster
inheritanceargument · 07/08/2022 17:59

LovelyLovelyWarmCoffee · 07/08/2022 17:42

As long as the will was made legally I don’t see why a parent can’t choose to exclude a child, regardless of if they receive UC.

It just seems so unfair. I’ve been supporting this person for a number of years now and this just seems to be very unfair and I do wonder about the influence of the siblings and whether it’s actually the genuine wishes of the mother

OP posts:
Gooseberrypies · 07/08/2022 18:01

inheritanceargument · 07/08/2022 17:00

For their disabled child or themselves? If it’s for their child surely they are still entitled to it ? That’s not a reason to give one child nothing surely?

Show quote history

They’re not entitled to anything at all if their parent chose not to give them anything. There doesn’t actually have to be a reason. It was their money and they get to decide what to do with it.

Keepingthingsinteresting · 07/08/2022 18:03

There is no right to an inheritance & fair is subjective. The only ground to challenge by an adult would be if the parent had been actively , financially supporting the child to the extent they were a dependent. You may not think it’s fair, but many people might say the child is already being supported, so why leave their money when it isn’t needed.

madroid · 07/08/2022 18:04

It can be a very double=edged thing to be left an inheritance if you are on benefits because the DSS calculates how long they think the money should have lasted you and will not allow you to claim again until that time is up.

If you leave it a vulnerable relative who spends it unwisely it could mean they have no inheritance left and also no benefits.

A trust can be useful to benefit the vulnerable person in other ways, such as paying for additional care or one-off needs, in tandem with what the state does provide (which seems to be ever less).

LovelyLovelyWarmCoffee · 07/08/2022 18:06

inheritanceargument · 07/08/2022 17:59

It just seems so unfair. I’ve been supporting this person for a number of years now and this just seems to be very unfair and I do wonder about the influence of the siblings and whether it’s actually the genuine wishes of the mother

Show quote history

Obviously I don’t know anything about them, but are you sure you know everything? How was their relationship?
Not saying it is the case but imagine a situation where an adult child is horrible to their parents, abusive etc and the parents don’t want them to inherit, but because the child is on UC they can get the money regardless.
At the end of the day it is the parent’s money, they choose who it goes to, nothing unfair about it IMO.

ArcticSkewer · 07/08/2022 18:07

It may be that they know it's pointless as it will replace UC payments. Or the siblings have it 'in trust' to help without affecting UC payments.
Coming off UC then having to go back on it could be more stressful than staying on it, and may entitle them to other care and benefits, plus it pays towards their pension.

Cervinia · 07/08/2022 18:10

Is there any reason the parents aren’t leaving the disabled siblings share in a discretionary trust when their benefits are not means tested to take the inheritance into account and the trust fund will make that siblings like more comfortable?

Original poster
inheritanceargument · 07/08/2022 18:15

I may be wrong but the overwhelming sense of something being ‘off’ is huge. I supported this person for many years so obviously hear and see a lot. My gut feeling is this has been the other siblings pressuring this to happen just so they get more. Maybe I’m wrong but I can’t just ignore it I feel like probably proper legal advice will be needed. It’s hard to explain too much without giving away identifying details I just feel it’s not something I should ignore

OP posts:
MichelleScarn · 07/08/2022 18:22

Who's going to pay the lawyer to challenge this?

MichelleScarn · 07/08/2022 18:29

inheritanceargument · 07/08/2022 17:57

It just made me think from a legal perspective would the court or whoever decides think that actually the inheritance is quite a large sum which would enable someone to live independently and not need to claim UC anymore

Show quote history

So no need to claim benefits ever again if they got their share? Will pay rent, council tax and bills going forward?
Must be significant sum if only a share of it could do this. Or do you mean they should get everything because of their specific circumstances?

Thecatsatonthewalls · 07/08/2022 18:31

Fair doesn't come into, its whats legal and if the Will has been drawn up correctly, then there is nothing anyone can do about.

There are some dependency laws but they don't seem to apply in this case.

Challenging a Will is extremely expensive, can only be done in the High Court.

Daleksatemyshed · 07/08/2022 18:32

If a parent has a long and difficult relationship with a DC they may not want them included in their will. The rock bottom fact is that it's someones worldly goods and they are entitled to leave them to whomever they like.

ClocksGoingBackwards · 07/08/2022 18:35

Does the person you support have full mental capacity to be able to cope with a large amount of money?

Maybe the mum decided it would be better for her son not to lose his state benefits and that she would prefer him to benefit from her legacy through his siblings.