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Original poster

Brother wants his inheritance paid into his kids accounts

220 replies

renouncefifty · 11/04/2021 16:13

My Father passed at the end of 2020 and I was named executor in the will. I was granted probate recently and have began the process of selling his property. My bother and I are joint beneficiaries in the will.

My brother is on benefits and has been for many years, he and his partner have some disabilities. My Brother has asked me to pay his share into his sons bank accounts. - I think this is his attempt to not lose his benefits.

I don't have to make any payments as yet as the flat my father owned has just gone on the market, but to be honest I'm worried that my brother is dragging me into something dodgy. I don't claim benefits and never have, the last thing I want is to commit fraud not to mention the fact if he isn't entitled due to an inheritance he really shouldn't be on benefits.

Where do I stand legally when it comes to making the payment to him once everything is wrapped up ? If I was to send the money to his kids accounts isn't that going against the will ?

Thank you in advance for any replies x

OP posts:
firedog · 11/04/2021 19:25

Do he'll have over £16k in the bank and yet wants to keep claiming benefits paid for my taxes?!?!? How convenient for him.
There is no divine right to then keep the money and carry on taking from us all???
Just say no.

firedog · 11/04/2021 19:28

@GreyhoundG1rl

I feel sorry for your brother why should the inheritance go into day to day to day living There it is again. The absolutely certainly that benefits are yours by right and any other income coming your way should be spent on anything other than actually paying your own way. It's pitiful.
I feel the same way. Why should he still claim when he has more spare money than most of us paying for him???
GreyhoundG1rl · 11/04/2021 19:28

Some people lead dreadfully grubby little lives.

QpopTYUIop9 · 11/04/2021 19:29

Please don’t enable him to defraud the tax payers (you, me and the rest of the ordinary tax paying population).

woodlandcalm · 11/04/2021 19:29

@GreyhoundG1rl

The mindset of somebody who thinks using inherited money to support themselves whilst not actually earning any income themselves is "wasting it" is sort of funny, in a surreal way.
I was thinking this and starting to wonder if it was just me!
dontcare85 · 11/04/2021 19:30

@GreyhoundG1rl

I feel sorry for your brother why should the inheritance go into day to day to day living There it is again. The absolutely certainly that benefits are yours by right and any other income coming your way should be spent on anything other than actually paying your own way. It's pitiful.
It depends on the situation though- if there sat at hone all day and can't be arsed to work then yeah why should they carry on like that but if they work full time and claim housing benefit and already struggle day to day and this inheritance will Help them have a little bit of luxury, maybe enable them to go on a holiday or have a few treats then I say why not.
Cheshirewife · 11/04/2021 19:33

The amount of silliness posted on here by people who haven’t got a clue what they’re talking about is embarrassing.

Of course a beneficiary can stipulate where the money is to be paid. The point is the right to the money is theirs. So long as they have legal capability, they can assign it to anyone they wish. Doing so is a very common tax management strategy, particularly for high net worth individuals!

jessstan2 · 11/04/2021 19:35

Greyhound: I wonder why you thought your advice would be useful, in that case?
......
I wasn't giving advice, Greyhound, I never do as am not qualified to do so. I was merely thinking out loud.

I'll keep my meandering thoughts to myself in future :-).

Blondeshavemorefun · 11/04/2021 19:43

If he is getting half a house then talking thousands

Think benefits are capped at £16k

Not sure what his monthly benefit income is

But surely the many thousands means he isn’t in titled to it

Hence asking you to be dodgy with the ,obey

Benefits are there to help those in need

Not in have £50/100/200k in inheritance

Bagamoyo1 · 11/04/2021 19:43

@FontyMcFontface

It stinks. He could use the benefit to improve his life but instead it will be eaten up in living expenses. I would seek legal advice and see if there’s a work around.
“Eaten up in living expenses “? What, like my salary , that I work for? Jesus words fail me. If someone has a load of money, why should the taxpayer fund their living expenses? How about I save my earnings for little treats, and the tax player covers my living expenses?
C8H10N4O2 · 11/04/2021 19:44

It doesn’t matter WHY he wants it paid into his children’s accounts ... you legally can’t. You have to execute the will as stated - he is the beneficiary, therefore it must go to him. End of

Not correct (in England and Wales at least). You can make a Deed of Variation and the rationale may contribute to its being accepted.

MrsIsobelCrawley · 11/04/2021 19:45

@jessstan2

You wouldn't be dragged into any sort of fraud but I think paying money directly into children's account could prove difficult.

Why doesn't your brother open another account at a different bank or even a joint account with his son? That would make things easy.

Sounds like you have experience here, jessstan2.
Starborn · 11/04/2021 19:47

Leaving aside which bank account the money goes to, he already OWNS the money, so therefore he should already have stopped claiming benefits.

cabbageking · 11/04/2021 19:49

Deed of variance.

Blindstupid · 11/04/2021 19:52

C8H ... as it stands the money has to go to the brother. Obviously if he has a deed of variation that’s different ... but he doesn’t. OP has asked about a plain and simple payment so far.

LiveLuvLaugh · 11/04/2021 19:55

My friend is on benefits and she got a windfall which meant she was no longer entitled to them. She bought a new car and as a result her capital reduced to a level that she could claim. She wasn't treated as if she'd deprived herself of capital.

C8H10N4O2 · 11/04/2021 19:59

C8H ... as it stands the money has to go to the brother. Obviously if he has a deed of variation that’s different ... but he doesn’t. OP has asked about a plain and simple payment so far

And several posters have said how this is possible with a Deed of Variation.

Its very misleading to insist that "its not possible" to vary the terms of the will when there are legal processes to enable precisely that variation.

KilljoysDutch · 11/04/2021 20:04

To all the people responding to me over my statement I'd love to see you all saying the same thing to the posters on here talking about how to get their inheritance early so they don't have to pay tax or getting them to spend so they stay under the cap for care home fees but you won't because it only fucking matters when it comes to keeping the poor and disabled in their place.

Bunch of hypocritical bull.

spidermomma · 11/04/2021 20:05

The system is wrong and I do feel for your brother and his situation but I'd just stay out of it and say it isn't possible for you to do that as it's been directed to give to him. He can happily pass it to the children once he has it in his hands. But otherwise you can't help !!

KilljoysDutch · 11/04/2021 20:07

@5zeds

Disability benefits aren’t means tested. He inherits the money, and uses it till it runs out and then if he still can’t work he will make a new claim for UC or whatever, but his disability benefits won’t be effected.
ESA is means tested and if you are disabled to the point of being unable to work this is the main part of your benefits. £710 a month for a couple where one is disabled and one is the carer to survive on. What a life of luxury.
5zeds · 11/04/2021 20:13

If you haven’t worked for years I don’t think esa is what you’d be receiving. I think most people would get PIP and UC. They’d still receive PIP surely?

jessstan2 · 11/04/2021 20:15

MrsIsobelCrawley Sun 11-Apr-21 19:45:44
jessstan2

You wouldn't be dragged into any sort of fraud but I think paying money directly into children's account could prove difficult.

Why doesn't your brother open another account at a different bank or even a joint account with his son? That would make things easy.

Sounds like you have experience here, jessstan2.
........
I wish! I've never inherited very much (nor been on benefits), and it's only as I've got older that I have had much. I'm not complaining, am extremely content with my lot now but would have appreciated a windfall when I was younger.

The op needs professional advice, she cannot be put in a position where she might be accused of dishonesty, however well meaning.

QuiltingFlower · 11/04/2021 20:15

Please don’t do this; it is fraud. DWP will prosecute when they catch on.

jessstan2 · 11/04/2021 20:19

@KilljoysDutch

To all the people responding to me over my statement I'd love to see you all saying the same thing to the posters on here talking about how to get their inheritance early so they don't have to pay tax or getting them to spend so they stay under the cap for care home fees but you won't because it only fucking matters when it comes to keeping the poor and disabled in their place.

Bunch of hypocritical bull.

Good points, Killjoys. However the dissatisfaction with inheritance tax is because the people leaving the money and property have paid income tax, sometimes a lot of it, so it is like being taxed twice.

I don't grudge the poor and disabled anything! I've been poor myself and it was dreadful. Any one of us could become disabled, who knows what the future may bring.

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