Benficary rejecting money.

[Burntout93]

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.

When you say ‘the council’ - who do you mean? What dept and in what role acting?

Not sure - just the local authority where he lives (and also where the deceassed lived) is the one the solicitor is sending letter to him via. Not sure what department.

Executors need to step up and do their job or pay a professional. If he isn’t opening letters then a visit may be in order. Threatening to spend his portion is bang out of order.

There is no way on earth they will vist him and apparently the solicitor is not allowed to do so either.

And they only prepared to use his share for legal bills relating to him

And they only prepared to use his share for legal bills relating to him

FFS they can't pick and choose what they spend his share on, unless they fancy a criminal record for fraud. They clearly can't handle the responsibility and need to step down before someone does something illegal.

One is not really someone who can reason with - he uses the c-word to discuss the benificary and is of the viewpoint that it should be the council dealing with his share not them. And they wont step down and will distrbute the money when the solictor says so- just leaving his share in a bank account possibly if nothing else happens.
And I cant tell him that because he turns on me at times.

He was even blaming the husband of the other executor who is quite intellegnt and has worked in professional jobs all his life when he was trying to tell him its going to be complex .

They think they can distrbute and then his share is dealt with by a social worker or DWP.

From a local authority perspective they probably have an financial appointeeship team which people who aren't able to manage their own finances may be under, even if they don't have active input e.g. from mental health or social workers.

The roles of these teams are very to manage very basic finances, mainly benefits. Once a person has over a particular threshold of assets or savings (around £5k) then the local authority needs to pass the matter on to the court of protection for a financial deputyship to be arranged (often the courts award it to a firm of solicitors local to the person).

None of this happens quickly, local authorities are slow at the best of times and the court of protection can be even slower if it's not an urgent matter. Local authorities also aren't particularly good at communicating, but in circumstances such as this they may also be very limited in what information they can pass back about what is happening without permission from the person concerned. So it may appear they are doing nothing when that isn't actually the case (although it suspect it is sat on a low priority waiting listnsomewhere waiting for allocation)

The above advice from other posters is right though, they need to pass it on to the professionals and let them deal with the grindingly slow processes that need to happen.

Agree that it sounds like the beneficiary's mental capacity to make this decision is very questionable. He may be ticking over just about managing day to day finances but may not be able to understand, retain, or weigh up the information pertaining to this decision. if he has a mental health team or social services involved then they could be consulted about capacity. Would be really sad for him to miss out on the money if it is much needed because he's not able to make an informed decision.

He has a history of delibrealy wasting money - including literally burning it. So it would need protection but the deceased refused to write a will ( even through at one point a solicitor was booked to come and visit at home).

Solicitor has told them fees for his legal costs only come out of his share.

If there is no will there aren’t any executors.

Something about this all smells like Billingsgate on a hot summers day.

You need to go and pay for proper legal advice with someone who has all the facts, not bits of info gleaned from an Internet forum after dripfeeding questions.

Sorry to sound so harsh but the risk of being given the wrong answer because the wrong questions have been asked is high.

The solcitor calls them executors as there are four benficaries and two have to sell the property etc.

If you have a solicitor just wait for them to sort it out

Your solicitor sounds extremely uninformed or just plain incompetent.