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[Finance] Any experts on wills / probate?



Fungus

Well-known member
NSC Patreon
May 21, 2004
7,038
Truro
Asking for a friend. In brief, non-specific terms:

Estate has been sorted, final cheques have been sent out to six children with equal splits.

However, one of these children is on income support as full-time carer for two children. She is worried that her benefits will be stopped - the cheque is for £20k (much more than expected), but the citizens advice bureau have advised you are only allowed £6k in savings and benefits are automatically stopped over £16k. Even inheritance tax isn't that drastic.

The question is - can her cheque be cancelled and split directly amongst her children? I gather a "deed of variation" would cost around £600.

Is there a way for the money to go where the writer of the will intended, without benefit fraud, without the executor committing fraud, and without costing a fortune?

Thanks in advance.
 


beorhthelm

A. Virgo, Football Genius
Jul 21, 2003
35,265
i have a suggestion: they take the money and live on it, maybe sort some things round the house, and when its down to 6k go back on the sausage.
 


Goldstone1976

We Got Calde in!!
Helpful Moderator
NSC Patreon
Apr 30, 2013
13,766
Herts
Asking for a friend. In brief, non-specific terms:

Estate has been sorted, final cheques have been sent out to six children with equal splits.

However, one of these children is on income support as full-time carer for two children. She is worried that her benefits will be stopped - the cheque is for £20k (much more than expected), but the citizens advice bureau have advised you are only allowed £6k in savings and benefits are automatically stopped over £16k. Even inheritance tax isn't that drastic.

The question is - can her cheque be cancelled and split directly amongst her children? I gather a "deed of variation" would cost around £600.

Is there a way for the money to go where the writer of the will intended, without benefit fraud, without the executor committing fraud, and without costing a fortune?

Thanks in advance.

Umm, isn’t the money currently going where the writer of the Will intended? The executor should have already ensured this was the case before cutting the cheques.
 


happypig

Staring at the rude boys
May 23, 2009
7,935
Eastbourne
Whatever she does, don't just ignore it and think "it's only a bit, I won't get caught". She probably will and will be in all manner of shit.

Also, I tend to agree with [MENTION=599]beorhthelm[/MENTION]. Income support is to help people who have limited means, if you get a windfall, then you cannot keep claiming it because you want to spend the inheritance on something more desirable.
 


Fungus

Well-known member
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May 21, 2004
7,038
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Umm, isn’t the money currently going where the writer of the Will intended? The executor should have already ensured this was the case before cutting the cheques.

No really, if the woman is no better off.
 




Fungus

Well-known member
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May 21, 2004
7,038
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Whatever she does, don't just ignore it and think "it's only a bit, I won't get caught". She probably will and will be in all manner of shit.

Also, I tend to agree with [MENTION=599]beorhthelm[/MENTION]. Income support is to help people who have limited means, if you get a windfall, then you cannot keep claiming it because you want to spend the inheritance on something more desirable.

No, she won't.

Difficult one, but why shouldn't a dedicated carer get the benefit of her parents' hard work?
 




Fungus

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May 21, 2004
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Does she have any debts/loans she can pay off with the windfall, so that she no longer has the money sitting in a bank as savings?

Always a good idea, but I suspect she hasn't.
 






Fungus

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May 21, 2004
7,038
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By the way, I realised I missed the word "disabled" from my original post, ie. she works as "full-time carer for two disabled children". She's not a scrounger.
 


rippleman

Well-known member
Oct 18, 2011
4,521
Deeds of Variation are extremely complex. An overview can be found here:

https://uk.practicallaw.thomsonreuters.com/1-382-5611?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

Seek professional advice!

And as others have pointed out, benefits are for those on low income and little or no savings. If you get a windfall that results in the benefits being reduced because of the lump of money received well...you are still better off than you were before! Once the inheritance has been spent and the savings depleted back to the previous level, make another claim.
 




amexer

Well-known member
Aug 8, 2011
6,153
Agree Benefits are for people with little or no money. Cannot be justified claiming with 20k in bank
 


Fungus

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May 21, 2004
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Agree Benefits are for people with little or no money. Cannot be justified claiming with 20k in bank

Agreed. But it wouldn't be in her bank; she would pass it on to her three adult children, which was what the writer of the will wanted (and probably should have written, but didn't think of this situation).
 


btnbelle

New member
Apr 26, 2017
1,438




Thunder Bolt

Ordinary Supporter
Agreed. But it wouldn't be in her bank; she would pass it on to her three adult children, which was what the writer of the will wanted (and probably should have written, but didn't think of this situation).

As the children are disabled, is there some equipment that they could use for a better life ie a super duper wheelchair or similar, which would then bring her down below the threshold again? #
 


Fungus

Well-known member
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May 21, 2004
7,038
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There is a charity called Turn to us that may be able to explain her rights. Not sure the would know about wills though.

https://www.turn2us.org.uk/About-Us/What-we-do/Our-helpline

Is she on income support or carers allowance? From what you have said in post 10, she may be better on carers allowance.

Another organisation is the Money Advise Service. Not sure if they can help but worth a call?

https://www.moneyadviceservice.org.uk/en

Thanks, will pass that on. I don't know her specific details, but she needs advice.
 


Fungus

Well-known member
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May 21, 2004
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As the children are disabled, is there some equipment that they could use for a better life ie a super duper wheelchair or similar, which would then bring her down below the threshold again? #

I'm sure she has on-going expenses, it's just that this is a big lump in one go!
 


Thunder Bolt

Ordinary Supporter
I'm sure she has on-going expenses, it's just that this is a big lump in one go!

Which was why I suggested a purchase of something expensive which would help her, and take the capital back down. Btnbelle might be on to something there as I would think she's on carer's allowance rather than income support. Best to get advice.
 




knocky1

Well-known member
Jan 20, 2010
12,948
Umm, isn’t the money currently going where the writer of the Will intended? The executor should have already ensured this was the case before cutting the cheques.

Helpful!

My advice is she would be able to finally pay back the £14,000 she owes from over the years to Oxy, give some money to friends and have a good spending spree. Money gone. Just ensure nothing over £6,000 is left in her bank accounts. Needs further thought but debts have to be paid.

My Mum repaid me £30,000 15 years ago....
 


Fungus

Well-known member
NSC Patreon
May 21, 2004
7,038
Truro
Helpful!

My advice is she would be able to finally pay back the £14,000 she owes from over the years to Oxy, give some money to friends and have a good spending spree. Money gone. Just ensure nothing over £6,000 is left in her bank accounts. Needs further thought but debts have to be paid.

My Mum repaid me £30,000 15 years ago....

Yes, I can't wait to get that money back. :rolleyes:

Unfortunately, it would be illegal in this case - I can't remember the technical term - something about disposing of assets.
 



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