Disclaiming an Inheritance …

lola96
lola96 Community member Posts: 11 Listener
edited November 25 in Community noticeboard

Hi, my daughter is due an inheritance which has and is causing friction from a family member. She is also in receipt of ESA IR which I’m aware she will lose.
Does anyone know if it is possible to disclaim the inheritance and I don’t mean diverting it anywhere.. just completely disclaim whereby I think it goes back into the Estate which I’m not bothered about. My question is, would DWP see this as Deprivation of Capital if I took this decision on behalf of my daughter .. my mental health has been greatly affected by this whole situation which seems to be going on and on.. I would appreciate advice thanks ..

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  • poppy123456
    poppy123456 Community member Posts: 61,873 Championing

    If the inheritance takes her capital above £16,000 ( I think it will based on your previous threads) then not accepting it will be deprivation of capital and she'll still be treated as having the money. If all of her ESA is Income Related this means it will stop, regardless of whether she accepts it or not.

    Same applies to housing benefit and council tax reduction if she claims either of those.

  • lola96
    lola96 Community member Posts: 11 Listener

    Thanks Poppy.. it looks like we will have to accept the inheritance then as whatever way I go it will look like Deprivation of Capital.. I feel hemmed in about this situation and it’s a learning curve. If someone wants to leave a bequeath in a Will that is on means tested benefits.. they really need to set up a Trust in the Will before their death. Otherwise, it causes the situation that we find ourselves in now…. As well as dealing with unrest from a family member.
    Thanks

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