Inheritance — Scope | Disability forum
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Inheritance

Trayr111
Trayr111 Community member Posts: 11 Listener
Hi all, 
I'm at my wits end, my father passed about 3 months ago and left his house soley to me. My 2 nieces, nephew and sister have now all fallen out with me because they were left out and don't understand I'm not allowed to just sell the house then share the money out. I wish I could as I feel I've lost my family now. So does anyone know if I can actually share it if I'm on income related esa, as I understand it, I'm to live off the proceeds and will be in trouble if I was to share it? 

Comments

  • bg844
    bg844 Community member Posts: 3,883 Disability Gamechanger
    I’m sorry for your loss. Any amount over £16,000 will close your income-related ESA related claim, there may be entitlement after this for contribution-based ESA which isn’t affected by capital. Once ESA have been notified you can spend this money as you wish, including splitting it with your family. I would seek advice before you make any decisions on this as the money was left to you so it is a difficult one.

    The only problem is, if you wish to claim Universal Credit once your savings go below £16,000 then there could be an issue with deprivation of capital. This will be down to a decision maker who will decide if you have intentionally given away your money.
  • woodbine
    woodbine Community member Posts: 10,495 Disability Gamechanger
    Sorry for your loss, if you sell the house and split the proceeds against the will and then at some point in the future resort once again to means tested benefits you might be accused of deprivation of capital and be treated for benefits as still having the money. For what its worth I would tell my nieces,nephew and sister that they weren't in the will and their argument isn't with you.
    Seasons greetings to one and all 🎄🎅🏻🌲
  • Hannah_Scope
    Hannah_Scope Posts: 5,985 Disability Gamechanger
    Hello @Trayr111

    I am so sorry for the loss of your father. Sending you my condolences <3 

    I just wanted to check in and ask if you were getting support? The NHS has a page on bereavement and grief should you need it. I would encourage you to reach out to Citizen's Advice regarding the inheritance and your benefit. They can even help support with all the after of your fathers passing.  
    Hannah - She / Her

    Online Community Coordinator @ Scope

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  • Trayr111
    Trayr111 Community member Posts: 11 Listener
    woodbine said:
    Sorry for your loss, if you sell the house and split the proceeds against the will and then at some point in the future resort once again to means tested benefits you might be accused of deprivation of capital and be treated for benefits as still having the money. For what its worth I would tell my nieces,nephew and sister that they weren't in the will and their argument isn't with you.
    I've tried explaining this to them and they don't seem to grasp it unfortunately 
  • scraggs
    scraggs Community member Posts: 76 Courageous
    Good morning my mother passed away in April this year and was buried end of may as my parents didn't have much my brother donated me money which I did not know of that mum was saving for each of us and that of her great grandchildren this money was in cash £4,000 pounds to each of us siblings and money for great grandchildren as I was worried about money in cash I put this money into my bank later this year my husband and I saw an allotment plot for £5,000 pounds for sale and my husband brought this with the money mum left to me so as that he could grow vegetables etc.this cannot be used for anything else other than an allotment. However we are on UC and I know that they take so much money out of UC ? Of anything over £6,000 the money I have in my bank now is money from pip and ESA contribution and carers allowance which is £4,000 for bills etc etc what I want to know as it's all a minefield will they calculate the allotment £5,000 and £4,000 in my current account as £9,000?  and is it just the £3,000 over £6,000 I will have to have money taken off me with UC or will my UC stop ? I am about to inform them but am rather unsure how much they will take from UC per month ? I don't want to get into trouble as I am still greiving from loss of my mother but at same time want to do the right thing by UC any advice appreciated 👍
  • scraggs
    scraggs Community member Posts: 76 Courageous
    By the way allotment is in husband's name 
  • chiarieds
    chiarieds Community member Posts: 15,465 Disability Gamechanger
    Hi @scraggs - as you realise, for any money you have over £6k there's a deduction from UC. This is calculated from monies you have on the last day of your assessment period (AP), & for each complete £250 over £6k is £4.35. You are doing the right thing in informing UC, & they will then work out if there is any deduction. It just depends on when you received your inheritance, & you should tell them the date you received the £4k, & what you had on the last day of any subsequent APs.
  • scraggs
    scraggs Community member Posts: 76 Courageous
    Thankyou chaireids for your reply I'm rather confused 😕 so how much would it be taken off for £3,000 over ? Per month would you know sorry to be a nuisance but I just am trying to figure it out and my head is a little frazzled by it all xx
  • bg844
    bg844 Community member Posts: 3,883 Disability Gamechanger
    scraggs said:
    Thankyou chaireids for your reply I'm rather confused 😕 so how much would it be taken off for £3,000 over ? Per month would you know sorry to be a nuisance but I just am trying to figure it out and my head is a little frazzled by it all xx
    £56.55 would be deducted for £9,000.
  • scraggs
    scraggs Community member Posts: 76 Courageous
    Thankyou for the advice x

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