UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

It is relating to an inheritance affecting my benefits I am…

Customer Question
It is relating to...

It is relating to an inheritance affecting my benefits I am afraid to lose them due to mental health issues and disability. The stress of reapplying will be too much for me. My mother died before she could put a trust in place for me.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

My late mother died of cancer in 2011. For just over three years the executors were unable to access the property due to my mothers partner refusing to leave. The state it was left in took some months to correct but now I find I may inherit about 30,00 from sale of the estate. I am living in unsuitable accommodation for a disabled person and the council keep putting blocks in my way to getting a transfer to somewhere suitable and I have had mental health diagnosis and many breakdowns over the last 10 years, including shortly after mum died which resulted in me being removed as an executor due to being incapable. I am fearful that if I take the inheritance I will lose everything my mum worked so hard for and end up having to pay for an unsuitable home to keep my secure tennancy. I believe if I have to lose benefits and then reapply I will end up a statistic (have another breakdown or worse). I have spent so long fighting for recovery I am terrified that I will mess it all up again.

Submitted: 2 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 17 hours by:
3/1/2016
Solicitor: Jo C., Barrister replied 2 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,266
Experience: Over 5 years in practice.
Verified

Sorry for the delay. Which benefits do you claim?

Ask Your Own UK Law Question
Customer reply replied 2 years ago
I claim uk benefits of Employment support allowance (higher rate due to disability), housing benefit, council tax benefit and disability living allowance at higher rate for care and mobility. I also receive vouchers to cover eye tests and glasses when prescription changes and free Nhs prescriptions and dental care. I am on a lot of medication for ill health, mental health and pain relief plus I'm halfway through a course of dental treatment. Medical and dental are also things I stand to lose.
Customer reply replied 2 years ago
Also, I am due to switch from disability allowance to personal independence payment this year and I understand more than half the applicants for personal independence payment lose their mobility vehicle. I have a ridiculous amount of stress to deal with over this plus the fact I must fight to get suitable housing for my needs. The last thing I would ever be able to cope with is an inheritance to have the security I struggled to get taken away. If this were to happen I'd struggle to manage the money I'd inherited, then struggle to get my benefits back once it was gone. I'm in a massive panic over this
Solicitor: Jo C., Barrister replied 2 years ago

Ok. And what is the sum of your capital?

Ask Your Own UK Law Question
Customer reply replied 2 years ago
My current capital is in minus. No savings and a lot of debt including personal debts to individuals who would likely be referred to as loan sharks and a couple of friends who also lent me money. And doorstep loans with reputable companies, plus ameneties companies owed also.
Solicitor: Jo C., Barrister replied 2 years ago

yes, but how much was received?

Ask Your Own UK Law Question
Customer reply replied 2 years ago
Oh, I get what you mean now. I'm ever so sorry. I have not recieved the inheritance yet. The property is only just ready for sale and I am trying to establish my options.
Solicitor: Jo C., Barrister replied 2 years ago

Ok. But how much is it likely to be?

Ask Your Own UK Law Question
Customer reply replied 2 years ago
Somewhere between £30000 & 40000
Solicitor: Jo C., Barrister replied 2 years ago

Thanks. Are you asking if you have to declare?

Ask Your Own UK Law Question
Customer reply replied 2 years ago
I assume I must legally declare it. I'm asking if there's anything I can do to prevent losing my benefits, like either refuse the inheritance so it goes to my nephew, or because I am struggling with the responsibility of it all whether there is some kind of trust I can put the money in so I am only able to draw it in small increments.
Solicitor: Jo C., Barrister replied 2 years ago

Not really anymore. It used to be possible to set up trusts to avoid the money being relevant but that has been removed now.

if the money passes though your control at all then it will have to be declared. Unfortunately it is over the cut off point and you are claiming means tested benefits. Disability living allowance should not be affected but the others would unfortunately.

Sorry but that is a reality.

Can I clarify anything for you?

Jo

Ask Your Own UK Law Question
Was this answer helpful?
Ask Jo C. Your Own Question
Jo C.
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,266
71,266 Satisfied Customers
Experience: Over 5 years in practice.

Jo C. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
Fine oh my Gosh thanks I am gathering some information for a
fine oh my Gosh thanks I am gathering some information for a prison inmate case. dont know where to start … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers
My husband made my step daughter the owner and manager and
my husband made my step daughter the owner and manager and shareholder of his company about 7 years ago , now he is termanally ill , on his death bed, we have 3 young kids under 5yr old from our marri… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers
I am one of the executors of a will and a member of the
Second opinion] I am one of the executors of a will and a member of the family (A) issued a caveat in order to prevent the issue of a grant. I served a warning and A's solicitor lodged an Appearance c… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers
I have a question on partnership agreements for business.
Hi. I have a question on partnership agreements for business. Can someone help? … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers
There as been some false accusations made about while have
Hi Pearl,There as been some false accusations made about while have been placed on a couple of website & face book pages (created just for me). It is all a complete lie. However, I have reported it al… read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,393 satisfied customers
Why does uk immigration refuse to give a legal immigrant
Why does uk immigration refuse to give a legal immigrant emergency document to enter uk … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers
Judge Question If an appeal is being raised on the grounds
Thomas Judge QuestionIf an appeal is being raised on the grounds that a judge made findings on issues that weren't part of the Scott schedule and therefore did not form part of the cross examination o… read more
ivorylounge
ivorylounge
44 satisfied customers
I have placed a deposit from a private conciege company
I have placed a deposit from a private conciege company which specialises luxury goods. However I placed the deposit in March. And they said it is available straight away. Now is in May I have not yet received the goods and it supposed to be shipped to HK … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,393 satisfied customers
Judge Question When In a fact finding hearing is a Scott's
Thomas Judge QuestionWhen In a fact finding hearing is a Scott's schedule not required ? What case law exists which require a Scott's schedule to be drafted and how far in advance of the hearing does … read more
ivorylounge
ivorylounge
44 satisfied customers
I am currently applying for British citizenship and have
Hello, I am currently applying for British citizenship and have received a "ticket" for crossing over a red light (TS10). I have paid it in full during the deadline given. I have not declared it durin… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,913 satisfied customers
I am applying for British citizenship. Do I need to declare
HI! I am applying for British citizenship. Do I need to declare it If I had PCN issued to me in recent years? Thank you … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,393 satisfied customers
I have a question about founding a new business. I'm
Hi there, I have a question about founding a new business. … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers
Went to Companies House.gov, and see a company I've been
Went to Companies House.gov, and see a company I've been dealing with is listed as: Active — Active proposal to strike off Does that mean they're legitimate or in trouble? … read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,913 satisfied customers
Looking for a Barrister to represent me in bringing a civil
Looking for a Barrister to represent me in bringing a civil case against Thames Valley Police.Would like to pay for a consultationAll records have be requested and acknowledged by ACRO and other bodie… read more
Jo C.
Jo C.
Barrister
71,266 satisfied customers
I need help filling up form N510-Service Out of
I need help filling up form N510-Service Out of Jurisdiction. I do not know which box to tick in part 2 of the form. … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,393 satisfied customers
I have as question about a parking ticket from a private
Hi I have as question about a parking ticket from a private firm … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,393 satisfied customers
My 15 year old son's father has got a residence order for
My 15 year old son's father has got a residence order for him, but he completely refuses to go back to him or even talk to him, can i have my son living with me without getting into trouble so i can g… read more
ivorylounge
ivorylounge
44 satisfied customers
I am very worried and feeling suicidal. I claimed Hb with an
I am very worried and feeling suicidal. I claimed Hb with an ex partner who was abusive. He wasn't aware that I was in receipt of student loan which I kept in a separate bank account. I split up with … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x