Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Original poster

Inheritance and benefits matter

137 replies

nb47 · 18/12/2021 10:17

Hi All

I am retired and in line for a six figure inheritance. Some of my benefits are means tested (for example I receive direct payments from the council for care in my home) and I would like to pass over my entitlement to inherit to my adult children, with of course the permission of the other executors and beneficiaries. This matter is at the earliest stage, the application for probate is about to be made.

Am I correct in thinking that as long as I don't make the mistake of taking the money and then passing it to the children then I am acting lawfully?

Regards and Thanks

NB

OP posts:
Original poster
nb47 · 18/12/2021 13:49

I have been warned to be cautious when engaging a solicitor because once you have said certain things the solicitor may be obliged to notify one authority or another, even though this appears entirely contrary to the everyday view of taking a client instruction!
The morality debate is interminable so let's not go there.

OP posts:
cortex10 · 18/12/2021 13:50

Local authorities have dedicated counter fraud teams that carry out a wide range of investigations www.local.gov.uk/our-support/efficiency-and-productivity/counter-fraud-hub-outcomes-counter-fraud-fund/counter-2

Jenjenn · 18/12/2021 13:55

I would get specific advice and unless it is clearly permissible, I would not do it. The benefits office might not be "scouring" the wills database but people will know about what you have done and someone might report you.

MyNameIsElizaDay · 18/12/2021 13:59

It’s called benefit fraud
Why should taxpayers continue to fund you when you could be able to pay for your yourself?
Hey, why bother paying for food…shoplift!
Rob a pensioner…
Greed and a nasty sense of entitlement, lovely!

Sparklfairy · 18/12/2021 14:01

@nb47

I have been warned to be cautious when engaging a solicitor because once you have said certain things the solicitor may be obliged to notify one authority or another, even though this appears entirely contrary to the everyday view of taking a client instruction! The morality debate is interminable so let's not go there.
Oh yes, solicitors are "obliged" to make sure everything is legal and above board. Sorry about that! Wink
Fireflygal · 18/12/2021 14:02

The morality debate is interminable so let's not go there

I think it's clear, it's morally wrong to take benefits when you have the means to do so. This is why others who are completely deserving are challenged when getting benefits because of people doing what you do.

TractorAndHeadphones · 18/12/2021 14:04

@nb47

I have been warned to be cautious when engaging a solicitor because once you have said certain things the solicitor may be obliged to notify one authority or another, even though this appears entirely contrary to the everyday view of taking a client instruction! The morality debate is interminable so let's not go there.
Solicitors are only obliged to notify the authorities if you have already perpetuated fraud and are trying to make them complicit. There’s nothing to fear. They’re not obliged to report ‘nb47 has an inheritance’ to the council.

You asking for advice on assets - ok. Even if you had already signed it over to your kids asking for options is ok.
You deciding you want a ‘specific legal document’ drawn up and refusing to disclose further information - not ok. Solicitor is obliged to report this especially as you may be using their firm for illegal activity.

Original poster
nb47 · 18/12/2021 14:09

Thanks for the advice everyone. I'll likely go the disclaim route because the children are named as beneficiaries in the will in the event I pre-decease the testator, which is the primary consideration in the event of a disclaim.

OP posts:
HeatonGrove · 18/12/2021 14:09

Just employ a lawyer. The worst that can happen is that they tell you you are not allowed to do a deed of variation in these circumstances.

TractorAndHeadphones · 18/12/2021 14:12

Also to add - a solicitor’s job is to ensure that clients make lawful arrangements. They cannot help you do anything illegal. If you’re found out they will be charged along with you for failing to do due diligence.

A trial lawyer’s job is to ensure a judgement in accordance with the law - not ensure the lawful action of their client. As the crime has already been committed.

Original poster
nb47 · 18/12/2021 14:14

@HeatonGrove

Just employ a lawyer. The worst that can happen is that they tell you you are not allowed to do a deed of variation in these circumstances.
That is not strictly true. Solicitors are human beings at the end of the day and there a certainly a few who would consider contacting the authorities anonymously in a fit of pique.
OP posts:
BeyondShrinks · 18/12/2021 14:17

"in the event I pre-decease the testator"

??

They're still alive? Can you not just ask them to skip you in their will?

TractorAndHeadphones · 18/12/2021 14:19

@nb47 they could lose their jobs for that as it breaks confidentiality.

MintMatchmaker · 18/12/2021 14:19

This will be classed as deprivation of assets. You are choosing to take money from the local authority that you would have no right to as you (will) have the means to pay yourself.

Your intended action means that you are deliberately hiding your financial position in order to claim benefits.

I know someone who was investigated for something very similar and the outcome wasn’t good. Not my story to share though.

SoupDragon · 18/12/2021 14:19

Maybe you can point it out.

There's no need, it's very obvious and across several posts. You'd have to be blind not to see it.

amillionrosepetals · 18/12/2021 14:25

@nb47

Thanks for the advice everyone. I'll likely go the disclaim route because the children are named as beneficiaries in the will in the event I pre-decease the testator, which is the primary consideration in the event of a disclaim.
Your Local Authority may argue that the 'primary consideration' is actually to avoid care costs and they may seek to recover the money from your children.
Original poster
nb47 · 18/12/2021 14:26

@BeyondShrinks

"in the event I pre-decease the testator"

??

They're still alive? Can you not just ask them to skip you in their will?

no, they are dead, i am quoting the will not making a comment myself
OP posts:
BeyondShrinks · 18/12/2021 14:32

That makes more sense! Sorry for being blunt Flowers

As I said upthread, I have looked into it for myself, and as I rent I can legitimately put a large sum into a house without it being considered DoA. For me, the "problem" (sounding incredibly selfish, but hopefully I can explain...) comes when it's a large enough amount to affect benefits, but not large enough for property. In which case I'd have to use my own inherited money for care, which is absolutely fine in itself, my personal anxiety comes from the stress of dealing with the reinstatement when it inevitably runs out (I am young, and hopefully not gonna die any time soon)

GreenClock · 18/12/2021 14:37

Have you discussed this with your kids (assuming they’re teens or adults). If you became liable would they be happy to pay up? How do they feel about being complicit in this scenario?
Other than that you need watertight legal advice. The solicitor won’t report you (but others might).

MrsLarry · 18/12/2021 14:48

@KittenCatcher

Why don't you want the inheritance.
Because her benefits will stop. After all, why not take government funds instead of using your own money
MrsLarry · 18/12/2021 14:50

@MyNameIsElizaDay

It’s called benefit fraud Why should taxpayers continue to fund you when you could be able to pay for your yourself? Hey, why bother paying for food…shoplift! Rob a pensioner… Greed and a nasty sense of entitlement, lovely!
This!
MrsLarry · 18/12/2021 14:53

OP, if you do this then I really hope it catches up with you and you get what you deserve. The benefits system in this country is crumbling before our eyes. People are fighting for the benefits they rightly deserve while people like you, with the clear morals of a scrapyard dog, take take take. You should be ashamed.....though I doubt you will be.

CampagVelocet · 18/12/2021 14:55

Making a disclosure to prevent benefit fraud (you know, an actual crime) isn't a 'fit of pique' OP. Any solicitor's first duty is to the Court and that comes before clients even.

RollaCola84 · 18/12/2021 14:59

b there a certainly a few who would consider contacting the authorities anonymously in a fit of pique b

I'm struggling to put into words how much, if you do do this, I want someone to report you and you get exactly what you deserve. Morally reprehensible.

Original poster
nb47 · 18/12/2021 14:59

@MrsLarry

OP, if you do this then I really hope it catches up with you and you get what you deserve. The benefits system in this country is crumbling before our eyes. People are fighting for the benefits they rightly deserve while people like you, with the clear morals of a scrapyard dog, take take take. You should be ashamed.....though I doubt you will be.
what do you mean by 'crumbling before our eyes', please elaborate.
OP posts: