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Inheritance protected so that benefits can still be claimed

234 replies

JustACountryMusicGirlInCowboyBoots · 04/10/2023 09:01

Can inheritance of around £200,000 be somehow protected so that benefits can still be claimed if provision is made in a will to hold that inheritance in some kind of trust? The claimant will never work for various reasons.

OP posts:
Secondwindplease · 04/10/2023 09:03

I fucking hope not.

HongKongGarden · 04/10/2023 09:03

As above, I very much hope not.

Houseplanter · 04/10/2023 09:05

Shame they can't buy some morals and principles with it.

JellyGrownUps · 04/10/2023 09:05

Ha, good one OP.

Tinkerbyebye · 04/10/2023 09:06

No, and nor should it. They have £200k to live on end of story

LIZS · 04/10/2023 09:06

Not for means tested ones. If they cannot work, it may not affect pip etc.

Cymbal · 04/10/2023 09:06

Does the person concerned have special needs that prevents them from working?

Mydpisgrumpierthanyours · 04/10/2023 09:07

If its to pay for their care then I think it can be left for that without affecting benefits. However with that much I doubt they'll be entitled to any benefits.

Ozgirl75 · 04/10/2023 09:08

So they have £200k but still want taxpayers to fund their life? There must be more to this question as no one would be mad enough to think that someone with an inheritance like that should also be on benefits.

TeenDivided · 04/10/2023 09:08

You'd need to see a solicitor. It could be that it could go into some kind of discretionary trust, and the trust could purchase accommodation to provide stability for the person going forwards.

itspiefortea · 04/10/2023 09:08

A discretionary trust. We set one up for our son who will never be able to live independently. The benefits thing was actually a by the way benefit, the main issue is that he doesn't understand money, let alone be able to manage it.

Damnloginpopup · 04/10/2023 09:09

itspiefortea · 04/10/2023 09:08

A discretionary trust. We set one up for our son who will never be able to live independently. The benefits thing was actually a by the way benefit, the main issue is that he doesn't understand money, let alone be able to manage it.

...and finally somebody answers the fucking question...

Anyotherdude · 04/10/2023 09:11

What if they are disabled? Morals and principles? How about some acknowledgement or realisation that the OP’s question isn’t necessarily about deceptive gain?

Skyblue92 · 04/10/2023 09:13

itspiefortea · 04/10/2023 09:08

A discretionary trust. We set one up for our son who will never be able to live independently. The benefits thing was actually a by the way benefit, the main issue is that he doesn't understand money, let alone be able to manage it.

This, my nan has done the same for my uncle who needs to live in supported housing due to his needs. His share of the inheritance wouldn’t last long enough to cover all the fees etc

it’s a shame that people on here didn’t bother to think before accusing deception etc.

OhNoForever · 04/10/2023 09:13

Yes you'll need to set up a trust as above.

Clearly empathy or critical thinking did not come with your morals and principles pp.

Cymbal · 04/10/2023 09:14

@Damnloginpopup I was waiting for more information about the person. If they eg have a disability, I'd suggest setting up a discretionary trust with someone like Mencap.

If they're a lazy arse like my former husband who simply won't work and ponces off his mum, however....

JustACountryMusicGirlInCowboyBoots · 04/10/2023 09:14

That's what I thought too, it's crazy. The person is a carer for a disabled adult child but will be retirement age in 5 years. House is owned outright. I'd have thought the adult child's benefits would continue regardless of how much inheritance his dad gets so why would the dad need to keep claiming if he has £200k. I think he might have misunderstood what the solicitor said. He gets a pittance in benefits so why not use the inheritance?

OP posts:
Thewizardbinbag · 04/10/2023 09:14

Houseplanter · 04/10/2023 09:05

Shame they can't buy some morals and principles with it.

You really think it is amoral for someone with life long conditions (disabled etc) who cannot work to be able to have a trust set up to ensure they are cared for without losing their only income?

In this country, we provide for disabled people who cannot work. But what we provide is the bare minimum and they live in poverty. Do you really want to take that away from someone who cannot work due to disability because they’ve been given some inheritance, which could actually improve their quality of life, pay for care, provide them a home suitable for their needs?

The nazis just killed disabled people. Would you prefer that? Just get rid of them so we don’t have to bother paying to keep them fed and housed and clothed. Maybe that would be more moral?

Some people cannot work due to conditions they cannot control. We do not abandon them. We support them, as any civilised society should. That is their only income; that’s all they can ever earn. They’ll never have security or savings or the money to enjoy life sometimes, not because they’re lazy but because they are not capable of earning money on their own. If their parents have managed to earn enough to leave them something; then why would you want to remove their only income rather than just letting them have a bit more comfort and a bit of security?

ColourMeBlue · 04/10/2023 09:19

Depends really-this could be seen as Deprivation of Capital.Solicitors inform HMRC of any inheritance to stop money laundering/placing money into trusts and not declaring it.PIP will not be affected but overall I expect benefits will stop until the amount drops to 16k or under.

OrderOfTheKookaburra · 04/10/2023 09:19

If they have a particular need for it and someone else will be looking out for them then you could probably set up a trust with them as beneficiary but the trustee is the only one who can authorise the expenditure of money.

Have you considered using it to buy somewhere for them to live instead of renting? They would still be entitled to benefits (apart from rent assistance).

Houseplanter · 04/10/2023 09:19

IF the benefits in questions were DLA or other non means tested then the problem of losing benefits wouldn't exist. So it was pretty clear from the OP that it was dubious.

OP has clarified this further on.

So do calm down

Thewizardbinbag · 04/10/2023 09:19

JustACountryMusicGirlInCowboyBoots · 04/10/2023 09:14

That's what I thought too, it's crazy. The person is a carer for a disabled adult child but will be retirement age in 5 years. House is owned outright. I'd have thought the adult child's benefits would continue regardless of how much inheritance his dad gets so why would the dad need to keep claiming if he has £200k. I think he might have misunderstood what the solicitor said. He gets a pittance in benefits so why not use the inheritance?

Family carers save this country millions and millions every year. They provide a role which we simply cannot fill; we don’t have enough trained caters to cover all the people who need it. Without family carers the country, and all those people who need help, would be abandoned; there would be deaths, starvation, neglect, extreme poverty. It would not be a world I want to live in.
Unpaid carers take on a role which we, as a society, desperately need them to keep doing because our government will not ensure enough care is available. Do you seriously think his carer’s allowance should be removed? Do you genuinely not think he has earned that? Do you not want to live in an country where we show even a little gratitude to the role people like him play? For the millions of pounds saved by him taking it on?

Farahilda · 04/10/2023 09:20

Discretionary trust can be used when the person is incapable of running their own affairs - don't know interplay with benefits, you'll need specialist advice.

Or perhaps only when the money is given conditionally (for provision of housing, but then the beneficiary could never touch it for any other reason) - think that does not affect benefits except HB.

Outright legacy to a person with capacity wouldn't really be suitable for that (the difference between never work because they'll never have the capacity, and never work because of choice).

Anyotherdude · 04/10/2023 09:20

OP, if the Dad is claiming Carers allowance, he can still do that, inheritance or not. Carers allowance is not means tested…

ColourMeBlue · 04/10/2023 09:21

Sorry,I stand corrected.i just re read the post.Could we have some more information please?As it currents sounds like said person wants the money into a trust to protect benefits?