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Top Other benefit issues topic #3387

Subject: "inheritance" First topic | Last topic
lornalf66
                              

Support Team manager, Learning Disability Team, Intouch support Hyde Housing, Lewisham London
Member since
30th Apr 2008

inheritance
Wed 30-Apr-08 10:57 AM

Hi

Does anyone know if a person on benefits comes into money from an inheritance, say £80,000 how long is it protected if it is to be used to purchase a property before it will affect their benfits and stop benefit recipt and does it have to be held by a solicitor?

Thanks

  

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past caring 1
                              

Welfare Benefits Casework Supervisor, Cambridge House Law Centre, London SE5
Member since
09th Oct 2007

RE: inheritance
Tue 06-May-08 03:19 PM

If we're talking about a "straightforward" (by which I mean the claimant now has £80k sitting in their bank account and is at liberty to use the funds as they desire) then it isn't protected - or, properly speaking, disregarded - at all. Only at the point of purchase can the capital value of the home be ignored - including in some circumstances where actual occupation hasn't yet taken place. And this isn't affected by whether or not a solicitor is holding the funds.

If, however, the inheritance is in some form of trust - eg "I leave to my son ***** the sum of £80k for the purchase of a home for himself. This sum is to be held and administered by my solicitor, Mr X, so as to ensure this purpose is met and a suitable property purchased." then the funds should be disregarded as a trust whilst held by the solicitor or administrator of the estate.

  

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