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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My grandfather recently died leaving half his estate to my

Resolved Question:

My grandfather recently died leaving half his estate to my mother. She is receiving means tested benefits including Housing Benefit. I'm not sure what the others are.
She would like to do a Variation of Deed to make me the beneficiary. Then she would like me to set up a bank account in my name and give her the debit card for her to draw the funds so that she does not have to declare any capital gain or income and will continue to receive her benefits.
Aside from the moral issues with this. Would I be involved in a crime if I did this. Should she declare the Variation of Deed to her local authority, and should she declare that she has access to funds in my name?
It feels like it should be illegal.
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

You are correct - your mother would be committing a criminal offence if she did this.

Indeed even agreeing to the Deed of Variation would be an offence on her part in terms of amounting to "deprivation of assets"

Please ask if you need further details

Customer: replied 10 months ago.
Thank you for your answer. I'd really like to know if I would be committing an offence if I set up the account. Would I be aiding and abetting her Benefit Fraud or whatever the legal term is?
Just so you know I am not planning to do this but I want to explain to her why and have my facts right.
Expert:  Clare replied 10 months ago.

Yes it would indeed be aiding an abetting - although a prosecution for you is unlikely - for her it would be certain

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