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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Lets say my brother & I sign the agreements next week and the

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Lets say my brother & I sign the agreements next week and the house is in my name. My brother then doesn't acually have anything. Can my brother claim benefits as usual, up until the time he recieves the money from me. Can he tell the DSS he actually did not inhierit anything or ever own half the house. There was no will and I have not put the house in either of our names, this was because I was going to buy his share but that didn't work out so we agreed he would fix it and I would put it in the buyers name. I am hoping he can collect benefits because this would be an incentive for him to sign my agreement plus the extra money from the improved value of house. These two things would be to good to resist. Also could he ask for housing benefits, like renting a flat or a bed sit away from me.This way he would be out of my hair.

To be clear, if there is no will, the intestacy rules provide that your brother is entitled to half the value of the house as well as any other assets that the may have been although I seem to recall that there are no other assets of any significance. If he gives away his inheritance which he is entitled to do, he risks the benefits office treating him as having intentionally deprived himself of assets and there is a distinct likelihood that they will reassess his benefits on the basis that he notionally still owns the inheritance even though he does not. As a result, he may find his benefits are significantly reduced or removed whilst not having any assets to show for it so he would need to be very careful in deciding to give away his inheritance. However, this is not what you propose as I note that you propose to take the property redevelopment and then give him a share of the net proceeds of the eventual sale. In the circumstances, he would need to declare the inheritance he receives from you when you he receives it and about point his benefits would be reassessed to take account of his additional assets
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