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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice.
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It is relating to an inheritance affecting my benefits I am

Customer Question

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.
JA: Thanks. Can you give me any more details about your issue?
Customer: 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.
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $45 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Sorry for the delay. Which benefits do you claim?

Customer: replied 1 year 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: replied 1 year 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
Expert:  Jo C. replied 1 year ago.

Ok. And what is the sum of your capital?

Customer: replied 1 year 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.
Expert:  Jo C. replied 1 year ago.

yes, but how much was received?

Customer: replied 1 year 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.
Expert:  Jo C. replied 1 year ago.

Ok. But how much is it likely to be?

Customer: replied 1 year ago.
Somewhere between £30000 & 40000
Expert:  Jo C. replied 1 year ago.

Thanks. Are you asking if you have to declare?

Customer: replied 1 year 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.
Expert:  Jo C. replied 1 year 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?