If a potential beneficiary is aware that a legacy is coming their way that they would prefer to be given to someone else, it is a good idea, where possible, to ask the person leaving the legacy to redraft their Will. My mother has been left a legacy in the Will of an old school friend. Provided by HUB Financial Solutions Limited. However, this is not advisable as there may be legal and tax implications of which you are not aware. UK property worth £70k or more?

Question about your subscription? The executors would also have to notify HMRC about the variation if the amount of tax due altered. Get your first 3 months of Saga Magazine for just £3 and enjoy access to Saga's membership programme, Possibilities. Not exactly. Posted January 21, 2010 6:16pm. You should not rely on this information to make (or refrain from making) any decisions. I believe that you can do this by making a special declaration. This absolutely can have negative consequences for your SSI. Please get in touch.

If you would rather not accept an inheritance at all, however, things become a bit more complicated. Saga Magazine's money expert Annie Shaw examines a reader's dilemma about passing a legacy to another person. How do we make this declaration – and are there any implications that we may not have considered? Problems could arise if beneficiaries refused to give consent, or were legally unable to consent – for instance, if they were minors. Get free access to your credit report for 30 days with Experian's trial offer. You can "disclaim" the inheritance, such that it will then get divided among the 6 other grandchildren. You can draw up a deed of variation yourself – you can find templates on the internet. Always obtain independent, professional advice for your own particular situation. Posted on Aug 8, 2013. Since she is already well provided for, she would like this inheritance to be diverted to me. The other thing to be aware of is your mother’s entitlement to benefits and liability for contributions to care home fees. 55+? If she was ever assessed for either, the existence of the deed could be evidence of ‘deliberate deprivation of assets’, meaning the variation could be ignored and your mother assessed as if she had actually received the money. What happens if you die without leaving a will? There are many reasons to use a deed of variation; saving inheritance tax is one. This ‘rewrites’ the part of the Will that benefits a certain person (in this case your mother) and passes the bequest to someone else (you). In order for you to control it's final destination, you will have to first receive it. See if equity release could be the option for you. If there are other beneficiaries of your mother’s friend’s Will who could be disadvantaged by the deed of variation, you would need to notify the executors and obtain the other beneficiaries’ consent. It must be made no more than two years after the deceased’s death. There are many reasons to use a deed of variation; saving inheritance tax is one. Annie Shaw is a freelance money contributor and frequent broadcaster on radio and TV.

can you hand on inherited money to someone else? We think this is a good idea, not just because I could have the money now rather than waiting to inherit it from my mother, but because it could also save on inheritance tax on my mother’s estate by bypassing her altogether. One of the principal ways that other beneficiaries could be affected is the amount of tax due on the deceased’s estate, potentially reducing the size of their legacy.

/ 20 January 2014. I don't think it's a good idea to have her give you the money (place it in an account in your name alone) because this would be considered a gift to you (for taxes), and then she will have no control over how you use the money. Another could be to include someone who has been omitted from the Will. Some people have good reasons for not accepting such gifts, from tax issues to simple generosity. This ‘rewrites’ the part of the Will that benefits a certain person (in this case your mother) and passes the bequest to someone else (you). There's absolutely nothing to stop you from taking possession of an inheritance, then giving it away.

Annie Shaw examines a question of inheritance and legacy. inheritance|family finance|giving|care|tax|making money. It must be made no more than two years after the deceased’s death. You should take professional legal advice; if you don’t have a solicitor, Saga Legal Services could help. Like to advertise with us? Your mother needs to draw up a ‘deed of variation’ in your favour.

The material is for general information only and does not constitute investment, tax, legal, medical or other form of advice. Annie Shaw For example, bequests may have been left to two children, omitting a third child born after the Will was executed.

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