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Beneficiary not accepting inheritance. What can I (as the executor do)?

7 replies

Emsy999 · 25/07/2024 13:20

My brother passed in 2022 and left his estate to his two children. His son has accepted his share but his daughter will not accept her share. She's estranged herself from our side of the family, blocked us all on social media and is not responding to letters to her regarding this... even refusing to sign for the last two letters we've sent.

My sister and I (both executors) are at a loss as to what to do. We've written to her approximately 10 times since our brother passed away and have heard nothing from her. It's evident that she doesn't want the money but what can we do? The money is sat in my sister's bank account and we'd just like the matter to be over so we can relinquish our duties as executors. I know my brother would want the monies to go to his son but obviously we just can't go and do this.

We know it has to be done correctly. We've spoken to 2 different solicitors and it just feels like we've been passed around the houses. They can't even say whether the fees generated from speaking to them to try to resolve this issue can be taken out of the estate. We don't have the funds to finance this personally and frankly why should we.

Does anyone have any advice please?

OP posts:
FragmentedProvision · 25/07/2024 13:23

This might help OP... from the other perspective, but gives some pointers.

finalduties.co.uk/refusing-your-inheritance/#:~:text=Whatever%20the%20reason%2C%20a%20beneficiary,to%20refuse%20or%20disclaim%20it.

RedHelenB · 25/07/2024 13:24

Does the sister have children?

Gummybear23 · 25/07/2024 13:26

Depends how much the money it is regarding solicitor charges.
Get clarification from them.
It is ultimately her choice.
My best friend was the same.
His father humiliated and assaulted him for being gay.
He refuses to take a penny.

RedHelenB · 25/07/2024 13:26

Do you have an up to date address for the sister? Could you send a signed for letter enclosing a cheque?

ObsidianTree · 25/07/2024 13:27

Not sure legally to do about this, but could a solicitors letter be sent saying that if she fails to respond saying what she wants done with the money by a certain date, the money will be sent to her brother, or put in trust for her children? Then you have a legal letter saying what was done with the money so if she ever changes her mind, you have proof of what was done with it and that she was Informed etc.

Alexandra2001 · 25/07/2024 13:28

Thought you applied to a court and they decide? costs out of the estate...

Might depend on the amounts though.

fairlygoodmother · 25/07/2024 13:35

Is this helpful?
https://www.holmes-hills.co.uk/news/2022/april/how-to-handle-uncooperative-or-missing-beneficiaries/

It sounds like you are going to have to apply to a court for permission to redistribute the funds, and that the cost of doing that can come from her share of the estate.

Obviously it would be easier if she would formally refuse the money. Is there anyone in the family she might be willing to communicate with?

How to handle uncooperative or missing beneficiaries?

How to handle uncooperative or missing beneficiaries?

Contentious probate solicitor Aimee Phillips discusses the difficulties that may occur if a beneficiary goes missing or becomes uncooperative

https://www.holmes-hills.co.uk/news/2022/april/how-to-handle-uncooperative-or-missing-beneficiaries

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