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Inheritance effect on benefits

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3 years 9 months ago #255508 by Tragobon
Replied by Tragobon on topic Inheritance effect on benefits
Hi Alan, good luck, I hope you can get this sorted to your satisfaction.

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3 years 9 months ago #255535 by Alan
Replied by Alan on topic Inheritance effect on benefits
I have contacted my local CAB and also some solicitors. I am waiting to hear back from them. I have contacted the probate lawyers to ask if they can give me an idea of how much the inheritance is likely to be, when it will be paid, and to ask whoever is paying the money to contact me before doing so. I have been looking into disabled persons trusts and vulnerable persons trusts. My understanding is that discretionary trusts need to be set up when the will is first written and not retroactively. My biggest concern with all of this is that a trust could be set up but then it could be viewed as deprivation of assets.

There are 2 things I would like to get some clarity on:

1. Do my benefit payments count as savings when the DWP is looking at the total amount in my bank account or are they disregarded from the total sum?

2. If I receive £17,000, for example, in inheritance money then go out the same day and spend over £1000 on necessary expenses (rent, debts etc.) can I avoid losing my benefit completely OR am I legally obliged to declare any amount over £16000 as soon as I receive it and thereby automatically lose all means tested benefit?

Thanks for your advice

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3 years 9 months ago #255563 by Gary
Replied by Gary on topic Inheritance effect on benefits
Hi Alan

All monies you have in your bank will count as savings unless you have received a backpayment in which case it would be disregarded for a year, in some cases it can be longer.

As soon as your savings go over £16,000 then any entitlement to a means tested benefit will cease. You are liable to inform DWP as soon as your savings go over £6,000 if you are under state pension age (Tariff Income), once you have over £16,000 then all means tested benefits will cease. If you do not then you will create an overpayment and may be liable for fraud.

You need to speak to a welfare rights adviser who will be able to give you full accurate advice.

DWP has access to a lot of information that you may not be aware of including probate information.

Gary

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

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2 months 1 day ago #294834 by Louise Miles
Replied by Louise Miles on topic Inheritance effect on benefits
Hi Alan. I’m in a very similar situation as you were. Can you please tell me what your outcome was please? Many thanks in advance

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