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Inheritance / Will

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4 years 8 months ago #250617 by alison_pearce
Inheritance / Will was created by alison_pearce
I am supporting a blind person who is the beneficiary of a will. If / when he receives his inheritance, it will put his capital beyond the limit and he will not benefit from the inheritance.
The will is set up as a will trust whereby those beneficiaries under 18 will have thir money held in the trust but everyone else will receive their share asap. If the will had established a Disabled Persons Trust then as I understand it, the blind person's benefits would have been protected and I am sure the grandparent concerned would have done this if they had been aware he will effectively lose the inheritance. We have asked whether the Trustees can retrospectively convert to a Disabled Persons Trust but they feel unable to. I have seen references to cases where wills have been challenged under the Inheritance Act 975 and the will varied as a disabled beneficiary is losing out, i.e. the will has failed to make reasonable provision for the person. The articles I have seen refer to wills where the disabled person was left out altogether because it was believed the loss of benefits meant the inheritance was worthless. We are hoping the same applies where there is an inheritance but it will be worthless? We would be really grateful for any informed view of whether we should pursue this route or any other suggestions for protecting the inheritance before it is paid

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4 years 8 months ago #250619 by Gordon
Replied by Gordon on topic Inheritance / Will
A;i

I'm afraid this is fundamentally a legal issue and beyond the remit of the forum, you need to see a solicitor about the matter.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 8 months ago #250700 by petrocelli
Replied by petrocelli on topic Inheritance / Will
Hi A;i

Just wanted to send heartfelt thoughts regarding the beneficiary of the 'Will Trust'.

Basically I have suffered financially because of the actions the Trustees took, because I now lose out on things I could have claimed for with regard to the roof over my head.

On the one hand I know that the person that left the 'Will Trust', did so to protect me, but on the other hand, they'd probably be disappointed, shall we say in how things have been run.

Do get expert legal advice!
Good luck.
P:woohoo:

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