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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Am making a Will. I own a small detached house in Edgware,

Customer Question

Am making a Will. I own a small detached house in Edgware, Middlesex worth about £500,000 - £520,000. Mortgage has been fully paid off.
One of my two grown up daughters aged 32, has a severe mental health condition. She is on state benefits namely ESA, DLA and receives housing benefit for the rent of her one bedroom council flat. I am leaving both girls 50% of my estate each. (The other younger daughter works full time as a concessions manager at Brent Cross).
What would be the best course of action re my daughter on benefits, so as not to jeopardise her income. Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. If she is on contributions-based ESA this will not be impacted by capital she has. DLA is also not means tested. However, if she has capital over £16,000 she will no longer be eligible for housing benefit and unfortunately, given the size of her inheritance this will be impacted. You could consider her inheritance being held on trust or potentially her living in the property but it being in both their names?

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.