Inheriting a house
mothmus
Community member Posts: 3 Listener
my brother is on income based esa (support group) and lives with my mother who owns the house.
i live alone but also claim income based esa (support group) + housing benefit for council flat.
my mother is leaving me the house but that my brother continues to live in it for the rest of his life.
will i have to give up my flat and move back home?
i live alone but also claim income based esa (support group) + housing benefit for council flat.
my mother is leaving me the house but that my brother continues to live in it for the rest of his life.
will i have to give up my flat and move back home?
Comments
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hi @mothmus and welcome to scope, is there a reason she is not leaving the house to the two of you?2024 The year of the general election...the time for change is coming 💡
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Hi woodbine,
Unfortunately he ran up debts and received a CCJ. My mother was worried about him losing the house as I understand.
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Your mother, with the best of intentions, is possibly making life difficult for you. The value of the house is capital which could exclude you from receiving means tested benefits.
Does her will say that he must be allowed to live in it for the rest of his life? If so you are not in a position to sell the property other than with him as a sitting tenant and arguably it has little value. Unfortunately a DWP Decision maker would have to decide before you know whether or not it would affect your benefits.
There is also a possible disregard if your brother claims benefits. If he receives ESA or UC and has been found to have Limited Capability for Work then the value of the house can be disregarded. The value can also be disregarded if he is pension age.Information I post is for England unless otherwise stated. Rules may be different in other parts of UK. -
Hi Calcotti, thanks for your reply.
Yes he has the right to occupancy for life in the will and he has limited capacity for work. He's 37
and I'm 47. -
mothmus said:Hi Calcotti, thanks for your reply.
Yes he has the right to occupancy for life in the will and he has limited capacity for work. He's 37
and I'm 47.
The disregard is referred to here
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/932378/dmgch52.pdf
Paragraphs 52432 to 52435.Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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