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Original poster

Executor worried brother’s inheritance share could affect benefits and leave him vulnerable

63 replies

Gitsandshiggles123 · 07/08/2026 09:45

Dad has died and left his house to myself, sister and my brother. I’m the executor of his will.
My brother has various needs and would be classed as a vulnerable adult. He has a care worker and struggles with day to day life. He’s married but I feel this is just a marriage of convenience to suit his wife.
He’s on various benefits and has never been able to hold down a job.
My parents always stuck their heads in the sand regarding my brother. They wouldn’t listen to my sister and I when we told them that just leaving him a 3rd of the house would not help him financially because it would affect his benefits.
So now dad has gone my sister and I are both really worried how we can help him. He’s involved with some ‘friends’ that we feel would take huge advantage of him.
Does anyone have any advice? Obviously we are going to consult a solicitor but just trying to find out first as much as possible. Thanks

OP posts:
Lionessadmirer · 08/08/2026 10:57

Does he have debts?

also an executor with a vulnerable brother on UC here. Difference is that his girlfriend is great! He’s the worrying one….

we are starting the distribution process. I arranged with him to send the first tranche of money direct to his creditors. This made him debt free. After that it had to go to him but I wrote to him informing him he had to come off UC.

Lionessadmirer · 08/08/2026 11:02

Another thing we have in common is that our vulnerable brothers have found religion!

As others have said, you don’t have much power or influence here. I would meet him face to face and ask whether he has someone other than “them” that he can trust. I’m hoping the church leaders are responsible and have influence over him…

final point - I believe our duties as executors are to gather and distribute the estate. Be careful of breaching that obligation…

Original poster
Gitsandshiggles123 · 08/08/2026 11:58

Thank you everyone for your input.

Firstly I totally agree he or anyone with enough money should not be claiming benefits. This is not what this thread was about. It was addressing his issues regarding inheriting money and his lack of ability to cope. The figure involved would be approx £60,000

Secondly I do not trust his wife, she is very calculating women. They have been married 3 years. I totally believe she married him believing he would come into money and more importantly for a visa. This is not just my opinion. He is in his 50's, has mental issues and has always struggled with life. There is a LOT more but i'm not going into that here. So yes she may be his NOK but believe me she doesn't give a sh*t about him.

All my sister and I want to do is make sure he isn't taken advantage of. He struggles to manage money and from what he's told me, his wife controls his money. Our fear is he will be asked to donate all the money into the religion. Then he will be in a worse situation.

So please understand, neither my sister and I want his share. Nor do we want him to claim what he is not entitled to. But this is a very vulnerable person with special needs who is unable to cope with day to day living. With a very manipulating wife and so called friends who would take advantage if they could.

We just want to try to protect him.

OP posts:
parkintrouble · 08/08/2026 12:01

Benefits are a safety net so people shouldn't tie themselves in knots to avoid someone who has come into money from losing benefits. It's a bit grim

His vulnerability is a different question and you could maybe try and get some legal advice as to any ways you could help your brother protect himself

TourdeCrema · 08/08/2026 12:11

KittyCorncrake · 08/08/2026 08:30

This!
Shocking how many posters want to take benefits when they have the means to pay for themselves!

Show quote history

Its not a case of receiving benefits when having the means themselves.

It the fact this is a vulnerable person with a carer, the possibility of being pressured into giving money away - thats been mentioned. Unfortunately people who are vulnerable can end up with "friends" who need money from them, keep getting the money and never returning it. These friends appear when the money is available and disaster when the money runs out. Which then leaves the claimant at a point which they have no way of showing where their money went, no way of claiming as the benefits say the money was spent to quickly and no evidence so probably cited to gain benefits again.

if youve not seen it happen, you're probably unaware of how difficult it is to navigate this type of situation - but it happens by unscrupulous friends

Then leaves the benefit claimant unhoused as they can't afford the rent, and have no means of claiming benefits

TourdeCrema · 08/08/2026 12:16

Our fear is he will be asked to donate all the money into the religion.

that would be seen as purposely deprivation of assets to claim benefits and he wouldn't be entitled for a number of years - they'd wrk out how long £60k should have lasted

Who is his landlord? Social housing or private?

Is there any way you could instigate a pensioner/over 55s flat being purchased? Or a flat that is part ownership?

backformoreofthesame · 08/08/2026 12:41

If he is truly vulnerable then I suspect you need to involve social service and the doctors and get that made official somehow

and in that case you may be allowed to manage the money for him

but it would be under the same rules - ie it’s his until it runs out and then he may be able to claim benefits again

ComtesseDeSpair · 08/08/2026 13:27

Do you think he needs a capacity assessment? Have you spoken with his care worker?

It’s unclear whether your brother has asked you for your help in protecting his money? If he’s considered to have capacity then there’s very little you can do without his permission or authority, however much you want to help. He could name you as his attorney, but even then whilst he has capacity you can’t override financial decisions he wants to make.

AmnesiacsDream · 09/08/2026 01:31

Lionessadmirer · 08/08/2026 19:53

I know you don’t want to hear this but your Duty as executors is to distribute the money.

you can be sued if you don’t.

i think you are forgetting this - you have a massive conflict of interest.

https://www.barristerconnect.com/blog/what-to-do-executor-refuses-distribute-estate

I don't see how OP is forgetting this at all. She is asking if there is anything she can suggest to her brother that they can do so that when she distributes the estate he is not a target for unscrupulous people who will take advantage. She has been quite clear that she does not want to keep the money from him.

Nofeckingway · 09/08/2026 09:06

Unfortunately if he is married there is not much legally you can do . She is his NOK and entitled to access his money . Really this is your main problem.

Lionessadmirer · 09/08/2026 11:01

I take the point - but OP would be in a cleaner position if she wasn’t also the one person who has a positive legal duty to hand over the money to him…..

it may be that OP doesn’t want to share more about his vulnerable status.

fwiw I think it’s a solicitor who deals with the court of protection she needs. This isn’t a problem with the will….

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