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Hi
My father sadly passed away in 2021. I miss him dearly which is why the situation I find myself in is more than difficult. I need advice and help.
My father had very little, rented his home and had an old banger car. He was only 63 when he died and it was horrendous given medical negligence ontop of a number of serious conditions.
The only asset my father had was a 1/6 share in a piece of land now being sold for over 500k. This was brought by my late grandfather and his brother and brother in law, in equal share. I am not certain if they were tenants in common or joint tenants. There was no residents on the land and it was nobodies sole residence. It was farm land with stables and a workshop.
Anyways. On the original deeds it’s shows my grandad as third owner in equal share stating his 1/3 would be passed onto his children upon death in equal share. 1/6 to my dad and 1/6 to my auntie.
5 years before my fathers death he was signed off work medically indefinitely due to his illness.
He therefor, with no income, had to apply for benefits. He stated his interest in this land and was refused benefits even though it generated no income and could not be sold due to the other owners not wanting to sell. So, eventually he was awarded benefits after the other owners signed something to prove to the DWP that they didn’t authorise it to be sold.
I am assuming the DWP therefore disregarded the asset. As my father was eventually given full benefits including Pip, esa and housing benefit.
When my father died he left a 100 pounds car which was scrapped and 1500 in the bank. We did the notify once procedure and settled his bills and that was that. We just removed his name from the land registry as we could not maintain it on the promise we would recieve our share from my auntie if it was ever sold. We never thought it would.
in the meantime I had filed a no win no fee medical case against his medical care and gave a strong case that is likely to win. I have been told by the medical solicitor I will need probate or letters of administration to recieve any compensation as this would be paid to my father’s estate. So probate is needed. If I don’t I will have to cancel the no win no fee case and be liable for over 17.5k in legal fees.
So probate is a must. This means I need to include my fathers share of the land as he owned it at death.. although it’s now technically in my aunties name.
low and behold and without our consent, although we don’t really mind, one of the other parties has issued a forced sale under section 15 TOLATA rules. And it’s being sold for over 500k.
My auntie is going to give us 80k total (I have 3 brothers).
Could the DWP now claim back all my father’s benefits back? Even though this land was declared to them at the time he applied for benefits? And do I need to include it on probate? Technically my auntie is giving us a gift? Can I do probate for the medical case and not include the land on probate? We just don’t know and can’t find advice anywhere? We really don’t want to lose what small inheritance we have to the system for benefits he needed at the time and honestly declared? He even lost his pension as it was non contributions type and as he was divorced and we were not dependents we were told we get nothing. Even though he left an expression of wish form for his pension.
it’s heart breaking.
And very emotional and stressful. My family worked hard for this and to lose it seems very unjust and very unfair. My father was always honest and the system let him down medically. It’s just a mess. We need help to ensure he doesn’t get treated badly again (even if it is after he has died).
Please help if you can? What should or can I do.
My father sadly passed away in 2021. I miss him dearly which is why the situation I find myself in is more than difficult. I need advice and help.
My father had very little, rented his home and had an old banger car. He was only 63 when he died and it was horrendous given medical negligence ontop of a number of serious conditions.
The only asset my father had was a 1/6 share in a piece of land now being sold for over 500k. This was brought by my late grandfather and his brother and brother in law, in equal share. I am not certain if they were tenants in common or joint tenants. There was no residents on the land and it was nobodies sole residence. It was farm land with stables and a workshop.
Anyways. On the original deeds it’s shows my grandad as third owner in equal share stating his 1/3 would be passed onto his children upon death in equal share. 1/6 to my dad and 1/6 to my auntie.
5 years before my fathers death he was signed off work medically indefinitely due to his illness.
He therefor, with no income, had to apply for benefits. He stated his interest in this land and was refused benefits even though it generated no income and could not be sold due to the other owners not wanting to sell. So, eventually he was awarded benefits after the other owners signed something to prove to the DWP that they didn’t authorise it to be sold.
I am assuming the DWP therefore disregarded the asset. As my father was eventually given full benefits including Pip, esa and housing benefit.
When my father died he left a 100 pounds car which was scrapped and 1500 in the bank. We did the notify once procedure and settled his bills and that was that. We just removed his name from the land registry as we could not maintain it on the promise we would recieve our share from my auntie if it was ever sold. We never thought it would.
in the meantime I had filed a no win no fee medical case against his medical care and gave a strong case that is likely to win. I have been told by the medical solicitor I will need probate or letters of administration to recieve any compensation as this would be paid to my father’s estate. So probate is needed. If I don’t I will have to cancel the no win no fee case and be liable for over 17.5k in legal fees.
So probate is a must. This means I need to include my fathers share of the land as he owned it at death.. although it’s now technically in my aunties name.
low and behold and without our consent, although we don’t really mind, one of the other parties has issued a forced sale under section 15 TOLATA rules. And it’s being sold for over 500k.
My auntie is going to give us 80k total (I have 3 brothers).
Could the DWP now claim back all my father’s benefits back? Even though this land was declared to them at the time he applied for benefits? And do I need to include it on probate? Technically my auntie is giving us a gift? Can I do probate for the medical case and not include the land on probate? We just don’t know and can’t find advice anywhere? We really don’t want to lose what small inheritance we have to the system for benefits he needed at the time and honestly declared? He even lost his pension as it was non contributions type and as he was divorced and we were not dependents we were told we get nothing. Even though he left an expression of wish form for his pension.
it’s heart breaking.
And very emotional and stressful. My family worked hard for this and to lose it seems very unjust and very unfair. My father was always honest and the system let him down medically. It’s just a mess. We need help to ensure he doesn’t get treated badly again (even if it is after he has died).
Please help if you can? What should or can I do.
