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Hi!
This is my first time posting here, so I'm not sure which bits are relevant, or if anything I say needs clarification. I've never had to deal with any legal issues before and to be honest I'm completely lost. (Apologies for the incoming wall of text)
Basically, my maternal grandmother died in 2014 - my mother and I were estranged from her and my grandfather due to my grandfather's violent behaviour. We were contacted by the solicitors dealing with my grandmother's estate in 2014; we're entitled to £53k each (another beneficiary is entitled to double that).
My mum absolutely doesn't want the money - she didn't want anything to do with her parents when they were alive and doesn't want anything to do with them now. She's also disabled, is on Employment & Support Allowance (support group), and doesn't want to take the money because her benefits would stop, and after the money had run out would have to reapply (the application process & assessment is so stressful last time she had to do it she was suicidal). She also felt like she couldn't turn it down because then she would be committing benefit fraud (deprivation of capital), so she just ignored the solicitors letters. I kept (naively) ignoring the letters too as I wanted to support my mum.
The last letter I received was from Sep 2014.
Today we recieved an N24 letter from the county court stating "it is ordered that 1. The order for permission to make a payment into the court under S.63 of the Trustee Act 1925 will be heard on [date] at [county court]." I also have a witness statement supplied by the solicitor and a draft order.
To be honest, I was alright with postponing it indefinitely and not having the money, but now I'm having second thoughts about not taking it.
My questions are:
1) What does paid into court mean?
2) Does this mean that the court's already decided that the money will be paid into court, or that it'll be decided at the date specified? Is there anything I can do to stop this?
3) Will my mum be committing benefit fraud (i.e. deprivation of capital) if her share is paid into court?
4) Is there any way I can take my share of the money if my mum doesn't take hers at this late stage?
5) Should I have recieved some sort of precursor letter to this?
I have to call the solicitors back on Monday morning so I'd like to be armed with a little more information - any help given would be greatly appreciated!
This is my first time posting here, so I'm not sure which bits are relevant, or if anything I say needs clarification. I've never had to deal with any legal issues before and to be honest I'm completely lost. (Apologies for the incoming wall of text)
Basically, my maternal grandmother died in 2014 - my mother and I were estranged from her and my grandfather due to my grandfather's violent behaviour. We were contacted by the solicitors dealing with my grandmother's estate in 2014; we're entitled to £53k each (another beneficiary is entitled to double that).
My mum absolutely doesn't want the money - she didn't want anything to do with her parents when they were alive and doesn't want anything to do with them now. She's also disabled, is on Employment & Support Allowance (support group), and doesn't want to take the money because her benefits would stop, and after the money had run out would have to reapply (the application process & assessment is so stressful last time she had to do it she was suicidal). She also felt like she couldn't turn it down because then she would be committing benefit fraud (deprivation of capital), so she just ignored the solicitors letters. I kept (naively) ignoring the letters too as I wanted to support my mum.
The last letter I received was from Sep 2014.
Today we recieved an N24 letter from the county court stating "it is ordered that 1. The order for permission to make a payment into the court under S.63 of the Trustee Act 1925 will be heard on [date] at [county court]." I also have a witness statement supplied by the solicitor and a draft order.
To be honest, I was alright with postponing it indefinitely and not having the money, but now I'm having second thoughts about not taking it.
My questions are:
1) What does paid into court mean?
2) Does this mean that the court's already decided that the money will be paid into court, or that it'll be decided at the date specified? Is there anything I can do to stop this?
3) Will my mum be committing benefit fraud (i.e. deprivation of capital) if her share is paid into court?
4) Is there any way I can take my share of the money if my mum doesn't take hers at this late stage?
5) Should I have recieved some sort of precursor letter to this?
I have to call the solicitors back on Monday morning so I'd like to be armed with a little more information - any help given would be greatly appreciated!
