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UKSWF | 23:35 Fri 31st Mar 2023 | Law
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My brother has been left a legacy from our mum (which is in a trust for him Approx. £22k) of enough money to stop his benefits! But he has mental health issues and would and lives in sheltered accommodation.without going into too much detail he would be abused if he took cash from mums bequest! But it has been 4 years since mum passed, if he lost his house and benefits I dread to imgine! But it’s sad he isn’t getting guidance from the solicitor (trustee) on how to draw funds!
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He so far has not received a penny of mum’s bequest,
If it's a Discretionary Trust, it is up to the Trustee it to give the money to your brother.

If it is discretionary, it means he cannot access it as and when he pleases, so it's not treated in the same way as having £22,000 in the bank and is not normally taken into account for income-related benefits.

It might be an idea to contact Mencap for advice as to what to do.

https://www.mencap.org.uk/advice-and-support/wills-and-trusts-service?gclid=EAIaIQobChMI97jw9qOH_gIVHertCh2WLATbEAAYASAAEgJcJfD_BwE

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