Is this a trust?

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    Claimants Aunt makes a will some years ago leaving her a substantail amount of money. The will says small sums of money are left to friends but of the majority 3/5 to a nephew (the claimants son) and then”…as to the remaining 2 shares on trust for my said neice <the claimant>”.

    Unfortunately the claimant then falls out with her Aunt and they completely lose contact with each other.

    In 2005 the Aunt dies. The nephew, not knowing where his mum was, puts the money in a building society bond. Please note he did not set up any form of trust. 2 years go by and son finally traces his mum. She then makes a claim for HB/CTB and tells us of the money.

    We refuse as capital exceeds. I now have an appeal in which the claimant says that the Aunt gave the son “discretion to set up a trust as he sees fit”.

    This case looks to me a lot like http://hbinfo.local/comdecs/ch_0715_2006.doc where the Dep Cmmr says a “trust unforceable in law is no trust at all”.

    Seeing as there isn’t a trust here (even though the aunts will said there should be) am I right in saying this is the claimants capital?

    Help 😕

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