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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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Can a beneficiary under a Will disclaim his legacy in order

Customer Question

Can a beneficiary under a Will disclaim his legacy in order to retain his means tested benefits? The legacy would take him over the capital thresholds for the benefits but I am not clear whether disclaiming the legacy or executing a Deed of Variation so that the legacy was placed on discretionary trust would be viewed by the DWP as a deliberate deprivation of capital so that he would be considered to have notional capital when calculating his entitlement to Pension Credit, Housing Benefit and Council Tax Benefit.

What is the relevant section of statute or regulation or case law?
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
How much is the legacy?
Customer: replied 5 years ago.


Expert:  James Mather replied 5 years ago.

Thanks. The DWP will say that this is a deliberate dissipation of funds/deprivation of assets to avoid disclosing them to DWP and they will be taken into account anyway.


To fail to disclose the legacy is probably benefit fraud.




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Customer: replied 5 years ago.

In my question I asked for the statutory basis and/or case law as authority for the answer. Kindly advise.

Expert:  James Mather replied 5 years ago.
I am afraid that researching caselaw is beyond the scope of what I do on here. Barristers charge £250 per hour plus vat for that work. I just happen to know the law. I will opt out for another expert in case he/she has it off top of her head