Legal Advice re inheritance and housing — Scope | Disability forum
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Legal Advice re inheritance and housing

layla53
layla53 Member Posts: 14 Connected
Hi
I was told by a CAB advisor that I would be able to find legal advice through Scope, so I am hoping someone may be able to point me in the right direction.
I care full time for my daughter, who has ME and has been ill since the age of 12, so has no  practical experience of independent adult living. 
Rather than go into all the details here initially, I would just like to talk to a lawyer about the issues of home ownership as I am feeling utterly stressed because I can't be sure that I have arranged things so as best to benefit her and provide for her after my death.  Is there anybody to whom I can talk about this?

Thanks in hope!



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Comments

  • Adrian_Scope
    Adrian_Scope Posts: 8,167

    Scope community team

    edited February 2020
    Hi @layla53 and welcome. Unfortunately we're not able to provide legal advice through the online community, but if you call our helpline, they might be able to put you in touch with or suggest someone more local to you who might be able to provide some help.

    You can call them on 0808 800 3333.
    Community Manager
    Scope

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  • layla53
    layla53 Member Posts: 14 Connected
    Thanks Adrian. I did try, but the best help was a phone number for the Disability Law Service, which is all on answerphone and seems not to have an option that would in any way help me. I guess because this is not so much a specific disability problem, as one of how to ensure that my disabled daughter will be able to live independently as a result of my careful arrangements, and I desperately need to talk to a lawyer who can help and advise me. When I tried a local solicitor they told me of certain loopholes and told me to ensure that I wasn't going to cause myself issues - I thought I was paying them to help me, but they seemed very uninterested in getting involved, so I got nowhere.  I guess I will have to keep looking - thanks anyway!
  • Richard_Scope
    Richard_Scope Posts: 2,943

    Scope community team

    edited February 2020
    Hi @layla53
    An advisory service that I have been made aware of is Will-probate.co.uk

    There is a specific section about disabled children and inheritance.

    I hope it is of some help?
    Scope
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  • TemplarEP
    TemplarEP Member Posts: 12 Listener
    Hi Layla. Did you get an adequate answer?

    I run a legal services company that specialises in wills, trusts and estate planning. This is a common problem experienced so I may be able to provide some advice if you give some details as it depends on your circumstances. 

  • layla53
    layla53 Member Posts: 14 Connected
    Hi, no I didn't get the help I wanted. Covid has sort of stopped everything, but I do indeed still want advice,I worry even more about what would happen to my daughter now if I suddenly died. I do have specific I questions,but its just a question of being able to talk them through with someone who knows.
  • Tori_Scope
    Tori_Scope Posts: 6,575

    Scope community team

    Did you trying ringing Scope's helpline @layla53
    Online Community Coordinator, she/her

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  • TemplarEP
    TemplarEP Member Posts: 12 Listener
    edited March 18
    If the helpline can help call that.

    <moderator removed - advertising not allowed on the community>
  • woodbine
    woodbine Community Co-Production Group Posts: 5,598 Disability Gamechanger
    Re:OP I think the CAB "advisor"was being extremely lazy in passing the buck, they should be better than that and personally I would try them again in the hope of speaking to someone at CAB who knows what they are doing.
    I am a person with epilepsy not an epileptic, my illness doesn't define me.
  • mikehughescq
    mikehughescq Member Posts: 7,776 Disability Gamechanger
    woodbine said:
    Re:OP I think the CAB "advisor"was being extremely lazy in passing the buck, they should be better than that and personally I would try them again in the hope of speaking to someone at CAB who knows what they are doing.
    I must admit I am struggling to justify the advice given when the question is clearly within the remit of Citizens Advice. Not every site has access to a solicitor locally but they certainly have lots of other routes in and signposting wrongly to Scope is clearly worthy of complaint.
  • Cher_Inactive
    Cher_Inactive Posts: 4,414

    Scope community team

    edited March 18
    @TemplarEP I appreciate your wish to help the OP is well-intentioned however advertising is not permitted on the community (please see our community guidelines), As such, I've edited your comment above to remove your offer.

    @layla53 Sorry to hear the advice you were initially given from Citizens Advice was unhelpful.  I'd definitely consider revisiting them to ask for a second opinion.  Please let us know how you get on.  
    Online Community Co-ordinator

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  • TemplarEP
    TemplarEP Member Posts: 12 Listener
    edited March 18
    @Cher_Scope. I was not advertising or offering anything for sale. I think I even said it wasn't a sales pitch. If I mentioned my job or my role that was purely to explain my background and expertise. 

    I came across this forum when looking for some information to help one of my clients. I realised there are some who might benefit from my help/advice, such as @layla53. At no point have I tried to sell anything only offer free advice. @layla53 has clearly been let down by CAB and is worried so offered to help her. If you don't want me to do that, that is fine and I won't post to your forums.



  • layla53
    layla53 Member Posts: 14 Connected

    I will try to respond to everything all in one go. I was a bit surprised when I suddenly got notifications this week as there's been nothing for over a year!  Firstly, the CAB lady said she was not sufficiently well up in legal matters to help me when I outlined what I wanted to know, which is why she specifically referred me to Scope, she told me there was a  legal helpline.  I did phone the Scope helpline and was told there was no help available, and was advised to phone the Disability Law Service, which was no good either, as mentioned in my earlier messages above. My questions were about very particular things to do with ownership of my house, things which my own solicitor asked me to check out for myself rather than giving me an answer, which wasn't very helpful to say the least. Although this is all about securing the future for my daughter it is much more about legal niceties and inheritance law. I had a long phone conversation with a Tax Officer who was extremely vague and non-commital, and so again, that got me nowhere. 

    I was very disappointed that you deleted the post from Templar EP as they very clearly offered me Free advice, so I don't see how that can be construed as advertising. 

    I am back at square one now. It is worrying enough to be sole carer for someone so vulnerable, who now has Long Covid on top of ME (as do I, but that's another story), but having tried so hard to find some clear legal advice I just find myself going round in circles. If you don't allow your members to offer free advice, how can that be helpful - I don't want kind words and pats on the back, nor to be told to go back to where I started, I was looking for someone, finally to be be willing to engage with my questions, which are not exactly outlandish or strange! I'm very sad that yet again I seem to have hit a brick wall.

    I do have one other important question - I wonder whether anyone can answer this - as a totally housebound person, my daughter has no valid passport nor a driving licence. The time will come when she needs legally accepted Photo ID, when she has to fend for herself after my death. What do other people in this situation use? It would be ludicrous to apply for either of these documents, both financially and practically, as she has and will have no need of them, but in the absence of a National ID card, what else can be used and accepted by lawyers, banks and other institutions?

    Thank you


  • chiarieds
    chiarieds Community Co-Production Group Posts: 10,993 Disability Gamechanger
    Hi @layla53 - as far as photo ID goes, if your daughter has a Blue Badge, this should normally suffice. I have been able to use mine with a Building Society, 3 different solicitors, & an estate agent.
    I hope the health of you & your daughter improves soon.
  • woodbine
    woodbine Community Co-Production Group Posts: 5,598 Disability Gamechanger
    Just re-read your OP and i'm not sure theres a problem why not just make a will leaving your property to your daughter?
    As for photo ID many people get by without it, most banks etc will accept a number of other things as I.D 
    I am a person with epilepsy not an epileptic, my illness doesn't define me.
  • layla53
    layla53 Member Posts: 14 Connected
    Hi Chiarieds
    Thanks,  but sadly she doesn't have a blue badge as she is virtually never well enough to leave the house, so that's out too!! She feels like a total non- person really, having been ill since she was 12 she has never had an 'adult' legal presence if you know what I mean.  Thanks for your good wishes :-)
  • layla53
    layla53 Member Posts: 14 Connected
    Hi woodbine
    I have of course already made a will long ago doing just that.  If there wasn't a problem I wouldn't have asked for help, but I'm not going to detail it all on here. Suffice to say I know exactly what I want to achieve but I wanted some knowledgeable legal advice which is why I was pointed here in the first place. 
  • newborn
    newborn Member Posts: 728 Pioneering
    I appreciate anyone who is a lawyer and gives general advice and hints, and if they know of specialist firms (their own and others) it would make sense to be pointed towards them, since, as OP found, a generalist will charge a fee for saying "I dunno, find out for yourself".    
    The I.D. problem is one which affects many people, and those who have been fortunate enough to have any form of I.D other than a passport may not have been talking of recent experiences, or are unusually fortunate.   
    The irony is, demanding passports is a recent rule, which was assumed to put a stop to all criminality of any sort, mainly money laundering, terrorists, drug and gun smugglers, and illegal immigrants.  Those, of course,  are the very people whose routine tools-of-the-trade are a ready supply of documents, fake I.Ds and handfuls of passports.  We ordinary people couldn't get any such I.D, but to a crook, it would be as easy as ordering pizza. 
    Some civil servant decided that because they and their friends wouldn't have any idea how to get fake I.D, then there is no such thing as a black market supply of false  passports. Duh

     Secure in their ivory towers of  ignorance, they changed the law.     They brought in rules that because they themselves, and their friends, are never far from their own passports and driving licences, those must be required for every normal transaction of life for the entire population.  Nothing will happen without these 'magic' documents, no solicitor or bank or employer or even a bed and breakfast landlady is now legally permitted to deal with anyone who hasn't got them and can't get them.
    As double irony, immigration organisations clamoured that it is racist to expect illegal immigrants to have passports, so they, alone, are allowed to access the N.H.S, social services, housing,  education,  benefits and of course lawyers, because, as their representatives argued successfully, they might have destroyed or mislaid their documents during or after their journeys.  
  • woodbine
    woodbine Community Co-Production Group Posts: 5,598 Disability Gamechanger
    i don't have a driving licence haven't had for 23 years now, I only use my passport to get back into the country (technically you don't need one to leave) and I have had no ID problems and have never been asked for my passport, even when I opened a new bank account last month, a solicitor needed proof of my ID last year when we were dealing with my dads will, a couple of utility bills did the trick.
    I am a person with epilepsy not an epileptic, my illness doesn't define me.
  • TemplarEP
    TemplarEP Member Posts: 12 Listener
    edited March 19
  • layla53
    layla53 Member Posts: 14 Connected
    Well, seeing another post from TemplarEP it looked as though you got exactly what I'm after,from the scant few words on the email. However when I clicked to come back in the site I find your message is not there so unfortunately I can't know what you were trying to say. 

    I just want to say I appreciate that you wanted to help,  I did in my naivety think that was what this message board was about, and I'm so sad that after all practical help is not available because of supposed advertising rules.  Surely if someone is offering free advice it is a genuine service.  Why ban it? 

    Life is so very tough at the best of times for disabled people and their carers, it's a minefield of obstacles and uninformed, unpleasant, uncaring bureaucrats, and always seems to end in a cul-de-sac. I'm an articulate, well- informed person with plenty of researching practice,  and if I can't get the answers I need I dread to think how awful it is for others less fortunate. And this is the main purpose for what I am trying to do.  If its so hard for me, now,  it will be impossible for my daughter when she has to try and navigate this on her own.  I am doing my level best to streamline and simplify things for her because when I'm no longer here she will be utterly alone and very vulnerable.  So forgive me if I sound bitter at being denied the possible chance of some help. 

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