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Future Interest in Propert
Hello all. Do we know if such a form exists and if so - anyone got a copy I can use please? Attach here or by email please. Thanks in advance
Hi Greeny. I’m not sure what you mean by a “form” for this. Are you talking about setting up some sort of trust settlement giving x a life interest in the income and y the interest in the capital when x dies? Or are you seeking some sort of DWP form to specifically declare a future interest. If the latter, I’m not aware of any such
Hello Grant, thank you for your reply. I was hoping a DWP form exists - our HB unit have asked my client to declare his interest in a property going through probate to DWP before assessing his claim - very complicated at this time as he needs lots of support and we are all isolating. I’ve completed a form for them with him already and hoped a DWP version exists. Yasmin
If it’s subject to probate then there must be a will. Send them a copy of that. The DWP has a specialised unit that regularly searches the probate register and it can pass this on to the LA. If there is no will then the rules of inheritance apply under the terms of the Administrations of Estates Act 1925. Either way, he has no interest in a property until the estate has been settled. Your client will have to send the LA evidence from the executor/administrator of the date and terms of the settlement of any interest in property. As Grant says, there is not a specific form for this. The LA needs to see the relevant evidence.
[ Edited: 31 Mar 2020 at 12:09 am by nevip ]