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Legal matters

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Original poster

Benficary rejecting money.

42 replies

Burntout93 · 21/04/2018 15:23

A beneficiary is rejecting their inheritance and the executors are confused - they hate this beneficiary and do not want any contact with him and do not want to have to deal with solicitors because of him (he is mentally ill and has been violent toward them). One is threatening to spend his money if he rejects it as he has been told but has not responded.

OP posts:

wormery · 21/04/2018 15:48

They have to be professional and put their personal feelings aside.

Original poster

Burntout93 · 21/04/2018 15:56

Sadly what he has put them through - plus anger management issues for one of the executors means that will be difficult- they absolutely do not want any contact nor having to spend money not from his share on dealing with him.

OP posts:

Original poster

Burntout93 · 21/04/2018 19:00

Put it simply - anything which takes money of their shares to only benefit him or puts a risk of him finding their addresses is out.

OP posts:

titchy · 21/04/2018 20:19

If they can't act professionally and legally they should relinquish their executorship. It's not a role where emotions are considered AT ALL. They have to act within the law.

If the beneficiary rejects the inheritance they will need to be sent a legally drafted letter to sign confirming their rejection. Once received their inheritance goes back to the estate.

Original poster

Burntout93 · 21/04/2018 20:33

Sadly I dont think the benficary will sign that form - they will just continue to reject the letters. And the executors solictor think their not allowed to send such a letter anyway and the executours are refusing to have any direct contact themselves.

OP posts:

titchy · 21/04/2018 20:43

So what does their solicitor suggest? Have they tried just sending a cheque?

Original poster

Burntout93 · 21/04/2018 20:46

Not yet as accounts and property not yet all sold - but apparntly a cheque cant be sent as the council who are passing on the letter's dont allow that unless he replies. and even then he probably does not have a bank account or bother to claim it - they just want it over with as he is mentally ill and they sadly hold that against him

OP posts:

BuggerBugger · 21/04/2018 20:48

The executors solicitor shouldn’t think. They should know.

If the beneficiary doesn’t accept the money, then it needs to be put into a bank account. The beneficiary needs to be informed of this in writing and possibly appoint professional trustees who can be paid out of the inheritance.

Original poster

Burntout93 · 21/04/2018 20:52

The beneficiary is rather likely to just ignore the letter forever.
The solicitor said she needed to consult a barrister for advice before she could be certain.

OP posts:

titchy · 21/04/2018 20:55

And this is a qualified solicitor....? A beneficiary refusing is not exactly unusual. Wtf do they need to consult a barrister for?

fascinated · 21/04/2018 20:58

BuggerBugger sounds to be on the money.

High St solicitors-honestly. Rubbish.

Original poster

Burntout93 · 21/04/2018 20:59

I think because the livelihood is they wont refuse legally but will simply not answer - while most likely on income dependent benefits ( through just over state pension age) and suffering from mental illness - plus with a strict request for no direct contact.

OP posts:

Original poster

Burntout93 · 21/04/2018 21:00

As well as issues relating to the council who are sending the letters on from the solictor,

OP posts:

BuggerBugger · 21/04/2018 22:56

If it’s put in a bank account with the professional trustees then the current trustees have no further dealings and either the beneficiary eventually takes the money or the funds dwindle paying the trustees until there is no cash and the trust fails. It’s that simple.

Talk of barristers or the solicitor not knowing is a complete red herring. There isn’t a lot to know. A trust has already been created with the executors being trustees. Replace the trustees and job done. It’s then in the hands of the beneficiary.

BuggerBugger · 21/04/2018 22:59

The only slight question I have is, does the beneficiary have capacity to deal with this? Or do they have someone acting on their behalf and dealing with their affairs?

Original poster

Burntout93 · 21/04/2018 23:00

He probably doesnt but they dont know or want to know - they annoyed that the council doesnt seem to be willing to just take responsibility because they do not want to have to contact him in any regard.

OP posts:

phlewf · 21/04/2018 23:04

I agree the solicitor not knowing is more about arse covering. I rejected an inheritance apparently, according to the executors. They had to get something signed to say they acted in my interests and I was rejecting contact.

It’s a crap shoot to be fair. But it’s not that unusual and everyone wants to be dam sure they are acting to the letter of the law.

QuiteLikely5 · 21/04/2018 23:08

If he is mentally ill and you have to contact him through the council I am wondering if he even has the capacity to make such a decision?

jusdepamplemousse · 21/04/2018 23:08

OP mentions mental health issues re. the problem beneficiary. Seems at least possible there’s a capacity issue and therefore may be an office of care and protection / official solicitor matter. Counsel’s advice to confirm what is needed to satisfy trustee’s duties in those circumstances doesn’t necessarily seem excessive. Impossible to say for sure without full details.

BuggerBugger · 21/04/2018 23:14

Rejection of the inheritance is normally done through a deed of variation, but if the beneficiary won’t sign then there’s nothing you can do. However the more I read of this the more I wonder if the beneficiary is actually rejecting it. He’s merely not opening the letters, and not explicitly rejecting the money.

It also seems as though the executors aren’t really interested in exploring all avenues and trying to open a dialogue with the beneficiary (rightly or wrongly). The executors need to exercise their duties and show they have done all the reasonably could of.

Original poster

Burntout93 · 21/04/2018 23:23

He has been non contact for over 20 years - there is no way they will write a letter to him directly or risk him getting their address.

OP posts:

Collaborate · 22/04/2018 07:48

They don’t need to write to him anyway do they? They have a solicitor doing all of that for them. Something sounds off here. I agree with the PP who suggested they stand down as executors and get a professional appointed. It doesn’t sound to me as if they’re up to the task.

fascinated · 22/04/2018 08:42

Collaborate sounds about right.

Apologies for my rude comment about High St solicitors - I had a bad day ! Unfair generalisation on my part. Just a bit frustrated after having to assist various friends recently with fairly basic issues around a house sale and solicitors not paying much attention.

bedtimestories · 22/04/2018 09:01

Surely if the council are dealing with his affairs he's lacking capacity and therefore not capable of making the decision to 'accept' the inheritance. I suspect the council are dealing with his finance too.

Original poster

Burntout93 · 22/04/2018 10:55

Sadly the council dont seem to be willing to do much but pass the letters on - they not really interested in acting as trustess or anything even through the solictor has told them the executours are not prepared to do that.

OP posts:

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