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Quick question - Inheritance due in future. Can claim UC now?
Client is due to receive money in the future as her mum has died. However there is a lot of delays in terms of probate and house sales and other family members etc, and she needs money now.
There is no issue with claiming UC now until she actually receives the money is there?
It is very hard to answer that question without detailed knowledge of the case. Relevant factors include:
- how simple is the will
- is there any cash and if so how much, or does her share depend on a house being sold
- is she an executor
If she has a clear and indisputable entitlement to a sum that currently exists in a liquid form, it might count as capital immediately.
Thanks for your response Anorak.
I am not sure how simple the will is, I believe client expects to receive £80,000 at some point however this depends on the sale of the house which is taking a long time and keeps being delayed.
The sum does not currently exist however she has a right to it through the will, she has to wait until the house is sold though which could take a while.
She does have the to option to claim NS ESA, she has a fit note, however she currently is getting 8 week CA run on so UC would be more money.
Is it not the case in pre UC, MTB world that capital held in property can be ignored if the claimant is taking reasonable steps to realise that capital? Legal steps/selling property etc.
I’ve not yet had to check but I assume there is a similar provision in UC?
Is it not the case in pre UC, MTB world that capital held in property can be ignored if the claimant is taking reasonable steps to realise that capital? Legal steps/selling property etc.
I’ve not yet had to check but I assume there is a similar provision in UC?
There is.
Also, if the will is still going through probate, the asset surely still belongs to the deceased’s estate, not those it has been willed to?
My JCP contacts have repeatedly stressed that the UC application should be a snapshot of the claimant’s circumstances on the day that they submit it. Future capital would thus be irrelevant until it actually belongs to the client (once probate is complete and the estate is distributed); at this point the six month disregard for property not occupied as the claimant’s main home, subject to steps being taken to dispose of the property, would apply.
That’s really helpful, thank you all
It’s never a good start when it begins “quick question”!
Property interests in estates are a very complicated topic but you can do worse than start by looking at paragraph H1169 onward of Advice for Decision Making.
It’s never a good start when it begins “quick question”!
Property interests in estates are a very complicated topic but you can do worse than start by looking at paragraph H1169 onward of Advice for Decision Making.
Yeah wish there were more quick questions but they are often not so quick after all!
Thanks Elliot