Inheritance question

[FiligreePot]

An Executor wrote a cheque and gave it to a beneficiary for their share of an estate.

The beneficiary hasn’t cashed the cheque yet.
It may be that they choose to never cash it.
If they don’t cash the cheque it is a deliberate choice.

The Executor can’t keep chasing them to cash the cheque due to family dynamics and the risk of things turning nasty. They do not have bank details to do a money transfer. The money is held safely in the estate account.

What happens if this beneficiary effectively walks away and refuses to engage?

Surely the money just stays there until they do choose to engage? Or if they die, until their will beneficiaries claim.it?

They can either disclaim the sum, in which case it goes back to the Executor to deal with, or try to get a post-death variation to the will removing them as a beneficiary.

I thought cheques had a 'life' and expired after six months?

Yes the cheque will expire after 6 months but that doesn’t act as them legally refusing the inheritance. It’s still their money.

They won’t engage to disclaim the sum and a variation is out of the question.

It appears they may just want it to sit there in the estate account for years whilst they claim benefits, but that they wish for it to remain there should they ever ‘choose’ to request it.

Surely the fact that it is their money albeit in a different account it could still affect their benefits, unless they lie about their 'savings'
If that is the case they are really just cheating the Benefits System and us, the tax-payers ? That's not very nice is it?

The recipient is required to report the inheritance to the DWP. To not do so would be fraud. Once probate is declared, it is made public. That means there is an evidence trail that could lead to the recipient should anyone want to investigate or report it. The recipient would be living with the threat of investigation, prosecution, repayment, fines and imprisonment.

This person needs proper legal advice, but I think the DWP will consider this to be deprivation of capital (if they ever got to know about it), unless they disclaim it. As it stands it's still their money, though sitting in the hands of the Executor.

Just let the DWP know about the money, jobs a good un!

Is there anyone else who can 'hold' the money - someone trustworthy? Who can act as trustee of the capital? Just wondering if this is an option.
Actually it might not be because the money would effectively have to pass through their hands & that would impact on benefits.
I don't know what you can do. Sorry