- Posts: 54
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- Discretionary Trust and Share of property in a Will in future...re HB in UC
× Members
Discretionary Trust and Share of property in a Will in future...re HB in UC
- ostia
- Topic Author
- Offline
Less More
11 months 16 hours ago #309795 by ostia
Discretionary Trust and Share of property in a Will in future...re HB in UC was created by ostia
Hello all
I have several chronic conditions and thankfully have been awarded Support Group in UC including rent for current property. I also receive lower rate DL PIP.
My mother has created a Discretionary Trust in her Will using a STEP lawyer which I think means that I will not be charged IHT when I receive the inheritance, to be shared with other adult children and grandchildren. This will be a third of a London house and a modest amount of cash, after IHT paid.
My concern is that if I inherit a share of her house as she has planned, it may mean that I am not entitled to receive HB in the future which I will need, especially if I have to move from my current low rent property. I don't understand the rules, Mum doesnt either.
Or would I need to use the inheritance up until it falls into the 16,000 or under HB entitlement threshhold? I would rather not use up a lot of the inheritance on that as I will need most of it for living needs, special treatment for my illnesses etc which I will not get on the NHS. Would it be better to ask that I don't inherit a share of the house in London (a third) and just inherit some cash, which will not be problematic for IHT? Whatever happens, I need somewhere to live, after all. Many thanks for advice given. Ostia
I have several chronic conditions and thankfully have been awarded Support Group in UC including rent for current property. I also receive lower rate DL PIP.
My mother has created a Discretionary Trust in her Will using a STEP lawyer which I think means that I will not be charged IHT when I receive the inheritance, to be shared with other adult children and grandchildren. This will be a third of a London house and a modest amount of cash, after IHT paid.
My concern is that if I inherit a share of her house as she has planned, it may mean that I am not entitled to receive HB in the future which I will need, especially if I have to move from my current low rent property. I don't understand the rules, Mum doesnt either.
Or would I need to use the inheritance up until it falls into the 16,000 or under HB entitlement threshhold? I would rather not use up a lot of the inheritance on that as I will need most of it for living needs, special treatment for my illnesses etc which I will not get on the NHS. Would it be better to ask that I don't inherit a share of the house in London (a third) and just inherit some cash, which will not be problematic for IHT? Whatever happens, I need somewhere to live, after all. Many thanks for advice given. Ostia
Please Log in or Create an account to join the conversation.
- latetrain
- Offline
Less More
- Posts: 9534
10 months 4 weeks ago #309868 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Discretionary Trust and Share of property in a Will in future...re HB in UC
Hi ostia
Your question is outside the remit of the forum.
If you have savings over £16k then any means tested benefit you receive will stop.
You do need to speak to your local Welfare Rights Specialist: advicelocal.uk where they can take all your circumstances into consideration when giving you advice.
Gary
Your question is outside the remit of the forum.
If you have savings over £16k then any means tested benefit you receive will stop.
You do need to speak to your local Welfare Rights Specialist: advicelocal.uk where they can take all your circumstances into consideration when giving you advice.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- ostia
- Topic Author
- Offline
Less More
- Posts: 54
2 days 18 hours ago #315616 by ostia
Replied by ostia on topic Discretionary Trust and Share of property in a Will in future...re HB in UC
Hello, I have been looking at all this again recently.
Just in case anyone else is looking at this I need to point out that a properly drawn up Discretionary Will Trust for a disabled person allows that person to continue receiving their means tested benefits and also receive a share of the Will, subject to tax and probate law.
I hope this may be helpful for someone else. SCOPE has a good service to help explain the process. Thanks, Ostia
Just in case anyone else is looking at this I need to point out that a properly drawn up Discretionary Will Trust for a disabled person allows that person to continue receiving their means tested benefits and also receive a share of the Will, subject to tax and probate law.
I hope this may be helpful for someone else. SCOPE has a good service to help explain the process. Thanks, Ostia
Please Log in or Create an account to join the conversation.
- David
- Offline
Less More
- Posts: 4138
2 days 18 hours ago #315617 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Discretionary Trust and Share of property in a Will in future...re HB in UC
Hi ostia
Thanks for sharing your opinion on this complex issue and hopefully members will get professional advice from organisations such as SCOPE.
David
Thanks for sharing your opinion on this complex issue and hopefully members will get professional advice from organisations such as SCOPE.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: latetrain, BIS, Catherine12345, Chris, David, Forum Moderator