How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I have approximately £20000 left to me ink a will can in instruct

Resolved Question:

i have approximately £20000 left to me ink a will can in instruct the exors to pay the money in separate cheques one to myself and one to my wife - and - if i can is tis going to ensure that we both can still claim our unemployment benefits without reduction seein as then we shall be well within the £16000 limitation on claiming - would this be legal? ro alternatively could we have the money be divided into 3 equal shares to gift to our children - thus avoiding have excess money to affect our claims
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
i wish to avoid having excessive money into my account which will affect my employment support allowance
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. The executor will not be able to do this as you were bequeathed the £20,000 and it is for you solely in accordance with the terms of the will. It will not be legal for the executor to provide it to your wife or your children, and in any event you are the beneficial recipient of the inheritance and placing it in another person's bank account to prevent your savings going over the capital limit in order to continue to receive benefits may be seen as fraud by the benefits agency.I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Clare replied 1 year ago.
Merely to clarify the above.The Executors can legally give the money to whosoever you ask - but it would indeed be fraud so far as the Benefits Agency is concerned
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you for this very useful information i shall pass this onto my friend - having spoken with him already he is resigned to accept the money into his account and declare his changed financial circumstances - i do not require any further advice