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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34579
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My late mother in law left money to my son, in trust with solicitors,

Resolved Question:

My late mother in law left money to my son, in trust with solicitors, until his 40th birthday, which was earlier this month. He is on benefits and does not want the money, £40,000, to appear in his bank account, and thus lose benefits. Can he transfer the released money to me as his trustee. He is a graduate musician, Welsh Collage of Music and Guitar Institute of London and earns money, below threshold, from gigs, but wishes to become a qualified teacher, using the money for his studies, I releasing the money as needed. Have you any ideas.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstWhen did your mother in law die?
Customer: replied 1 year ago.
March 2001, Madeline Bussey Monmouthshire
Expert:  Clare replied 1 year ago.
Then I am afraid that if the money was released to you and not to him it would be seen as deliberate deprivation of assets which would amount to benefit fraud.I am sorry not to give better news but it is important that you know the positionPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Surely, the point of his Grand Mother willing the money in trust was to stop it being accessible to him, unless the release was agreed to by the trustees. He managed to get released £2000 over the years to buy recording studio equipment and not for everyday living. I would have a legal document drawn up making the stipulation that the money in trust (with me) would only be used for further education purposes.
Expert:  Clare replied 1 year ago.
I am sorry but if the Will Trust has come to an end then the money belongs to him and if he give sit to you - no matter on what terms - it is benefit fraud.
Customer: replied 1 year ago.
OK understood, I will tell him your opinion and get back to you
Expert:  Clare replied 1 year ago.
Please warn him that it would be a criminal matter if he goes ahead
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