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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:
Ilikepalindromes · 18/12/2021 17:01

I think what you're considering is morally repugnant and sickening for all the people who go out to work to support you.

Myhouseownsme · 18/12/2021 17:30

@Ilikepalindromes

I think what you're considering is morally repugnant and sickening for all the people who go out to work to support you.
I agree. Its outragous.

How will the poor trust fund owners in the Caymen Islands pay for their private jets if taxpayers money starts going to people who dont have enough to live on.

You do realise that by doing this, companies like Amazon and Google might have to start paying UK taxes to fund such benefit payments and then where would we be.

SoupDragon · 18/12/2021 17:41

if taxpayers money starts going to people who dont have enough to live on.

Well, this will be going to someone who would have enough to live on but gave it to their children to avoid having to use it.

AuntyBumBum · 18/12/2021 17:43

@Ilikepalindromes

I think what you're considering is morally repugnant and sickening for all the people who go out to work to support you.
In danger of wandering off topic, but on what basis do you decide how much tax to pay, and how much benefit to claim, except by applying the rules? If you've got a bit spare one month do you send it to HMRC as a voluntary tax contribution? Or do you just pay what the law requires, no less, no more.

If you tend to stick to the letter of the law in your own dealings with public finances then I don't think you can argue that tax payments and benefit claims are moral issues. They are simply matters of law. If it's legal for the OP to claim benefits then it's moral also.

Alwayscheerful · 18/12/2021 17:59

@EmpressCixi

I don’t think it is possible. If the will states you are a beneficiary, you get the money. It doesn’t matter if you then pass it immediately on to your children. That would be deprivation of assets.

If the person died intestate, similarly, if you are an heir by English/Scottish/Welsh or N. Irish law, you get the money. It again doesn’t matter if you immediately pass it on down. Deprivation of assets.

You will simply be required to use the money to pay for the care you need until you re-qualify for state/council financial help.

A deed of variation is possible, if agreed by beneficiaries, I believe it should be actioned within 6 months.
Alwayscheerful · 18/12/2021 18:01

@EmpressCixi

I don’t think it is possible. If the will states you are a beneficiary, you get the money. It doesn’t matter if you then pass it immediately on to your children. That would be deprivation of assets.

If the person died intestate, similarly, if you are an heir by English/Scottish/Welsh or N. Irish law, you get the money. It again doesn’t matter if you immediately pass it on down. Deprivation of assets.

You will simply be required to use the money to pay for the care you need until you re-qualify for state/council financial help.

Not correct. If a deed of variation is used, it will be as if the money was never received.
Alwayscheerful · 18/12/2021 18:02

@Ifailed

you can refuse an inheritance, but have no say in where it goes. Might be worth seeking legal advice to see if it can go in a trust for your children, but you also need to ask if this would still be considered as deprivation of assets.
Not correct . A deed of variation can be used within 6 months.
Original poster
nb47 · 18/12/2021 18:22

The comments on here have been very helpful. As for the few unhelpfuI remarks, much rather the anger were directed at me than toward children and spouses.

OP posts:
Medievalist · 18/12/2021 18:30

The comments on here have been very helpful. As for the few unhelpfuI remarks, much rather the anger were directed at me than toward children and spouses.

Are you for real? You're suggesting that those of us who find your proposal immoral would be abusing our children and spouses if we weren't commenting on this thread!?

Grow up.

Hippychicken1 · 18/12/2021 18:33

You can absolutely refuse the money
But even if you do a deed of variation the DWP can and most likely will still treat you as if you had the money in full if they believe that the money you should have received has been given to someone else in order for you to keep claiming any benefits
And let’s face it that’s exactly what you are thinking of doing .
You may get away with it for a while maybe even a few years but you will always be waiting for that letter - which always arrives on a Fri or Sat to ruin your weekend 😂😂

Not quiet the same but A friend mother sold her house and gave her daughter 100k to buy a house on the condition that she was able to live with her
When she tried to claim benefits 18 months later for UC / ESA income related benefits she was refused as she was treated as if she still had the 100k
It caused a huge fallout with her daughter and mother as her daughter had obviously used the money to buy her home and her mum was asking for it back 😂

torquewench · 18/12/2021 18:36

How good are your benefits if passing up a six figure sum is worth your while? 🤯

Hippychicken1 · 18/12/2021 18:36

I would imagine that this covers it for most local councils

www.worcestershire.gov.uk/download/downloads/id/10921/deprivation_of_assets_advice_leaflet.pdf

NichyNoo · 18/12/2021 18:40

So I should keep working my arse off and paying tax that pays for your care when you have willingly refused a six figure sum which would enable you to pay for your own care??!!! Angry

Fireflygal · 18/12/2021 18:43

As for the few unhelpfuI remarks

People are not angry just disgusted by you. Your attitude to deception is why legitimate claimants have to jump through hurdles.

Just be a decent person and pay your own way however you appear to have no conscious.

KittenCatcher · 18/12/2021 18:46

OP, why dont you want this money.

babouchette · 18/12/2021 18:50

Shame on you. Benefits are there as a safety net. You are being hugely selfish.

Doodar · 18/12/2021 18:51

Jesus Christ, pay for your own fucking care. Disgusting behaviour.

SeasonFinale · 18/12/2021 18:52

@EmpressCixi

I don’t think it is possible. If the will states you are a beneficiary, you get the money. It doesn’t matter if you then pass it immediately on to your children. That would be deprivation of assets.

If the person died intestate, similarly, if you are an heir by English/Scottish/Welsh or N. Irish law, you get the money. It again doesn’t matter if you immediately pass it on down. Deprivation of assets.

You will simply be required to use the money to pay for the care you need until you re-qualify for state/council financial help.

This is incorrect. A Will can be varied with the agreement of the beneficiaries. Why even bother to comment when the question was about the legality if you don't know?
NandorTheRelentless · 18/12/2021 18:52

@Medievalist

The comments on here have been very helpful. As for the few unhelpfuI remarks, much rather the anger were directed at me than toward children and spouses.

Are you for real? You're suggesting that those of us who find your proposal immoral would be abusing our children and spouses if we weren't commenting on this thread!?

Grow up.

@nb47 Question, are you on benefits, and what kind?
NandorTheRelentless · 18/12/2021 18:53

Weird my first comment vanished

It was meant to say "I think op was talking about her own dc and spouses"

Clymene · 18/12/2021 18:59

Obviously the OP can turn down her inheritance. What she can't do is control who it goes to. If you were my sibling and wanted to pass your inheritance to your children so you could continue to claim benefits, I'd say no.

Change123today · 18/12/2021 19:03

I have no idea what legally you are allowed to do.

I have a friends father who recently experienced this - he accepted the money as for the first time he isn’t having to jump through the benefit application etc. He’s chuffed to be independent for once. He is aware that maybe at some point in the future he will have to make a request when the money runs low but for now pleased to be financially independent. He had a accident and for last few years hasn’t been able to do his trade type job before retirement so relient on benefits. He will still get his basic state pension but that’s it.

Figgyboa · 18/12/2021 19:24

Hi OP. It is possible, my DF has done it. He was the sole beneficiary and for several reasons he didn't want the money. He had the will changed by a deed of variation and my siblings became the beneficiaries. My DF was of pension aged and encountered no problems ie deprivation of assets. But please seek legal advice

MyNameIsElizaDay · 18/12/2021 22:51

@nb47

The comments on here have been very helpful. As for the few unhelpfuI remarks, much rather the anger were directed at me than toward children and spouses.
The anger is quite rightly being directed at a greedy, potentially fraudulent, selfish, self serving thief. In case of doubt, that’s you OP.
Myhouseownsme · 19/12/2021 06:59

" a greedy, potentially fraudulent, selfish, self serving thief."

Thats some very odd definitions of those words you are using there @MyNameIsElizaDay

Greedy = desire to turn down £1m+
Potentially fraudulent = asking how this can legally be done
Selfish = desire to continue to receive state benefits they are entitled to
Self-serving = offering a large sum to others.
Thief = not accepting money which is not their own, which they have not worked for nor desire to receive.

I think you fundamentally misunderstand how state financing works.