Executor of Will, Brother wants his money paid into sons account

[renouncefifty]

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

Hi, this would most likely be classed as 'Deprivation of Assets', as he is giving his share of the inheritance to his son, to avoid losing benefits, potentially. I guess it depends on his benefits, and if they are linked to income and savings, although most are. Universal Credit has a savings max of £16,000 per adult household and you become ineligible. They'll claim it all back if they can prove later it has been fraudulently claiming, so a massive risk.

Their is also the other concern that your brother could (not saying he will, of course) later say you have breached your Executor duties by not following the instructions in the Will, which is a legal document, and as the executor you are personally liable for any future claims against the estate. Sorry, all not good I'm afraid.