Inheritence what happens.

London3344
London3344 Posts: 35 Forumite
in Marriage, relationships & families
Hi.
My Grandmother has recently died and her estate is being share among her children. However one is Non Contact due to mental health issues. They have been informed but they have not responded to the solicitors letters. As they are over retirement age they be on a pension rather than disability benefits. What happens if they reject their inheritance - does it get redistributed now or when they die (and it is believed they do not have children or if they do they not legally recognised)
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Comments

  • Owain_Moneysaver
    Owain_Moneysaver Posts: 11,357 Forumite
    First Anniversary Name Dropper First Post
    If they reject their inheritance then it reverts to the estate and will be distributed according to the Will. If no other provision has been made it will pass to the Residuary Legatee.

    If they are claiming any means-tested benefits then they may be treated by DWP has having received the inheritance and their benefits will be reduced to reflect deprivation of capital.

    If they do not respond to solicitor's letters then the solicitors will want to hold onto the funds in trust for the beneficiary unless it can be established that the beneficiary is no longer entitled to the estate.
    A kind word lasts a minute, a skelped erse is sair for a day.
  • London3344
    London3344 Posts: 35 Forumite
    There is no will so everything is intestacy rules.
    My parent is one of the two administrators and wont want to be dealing with the Solicitors for years if the money has to remain with them.
  • Ames
    Ames Posts: 18,459 Forumite
    Being on a pension doesn't stop someone from being on disability benefits. It's possible that they wrongly think that benefit will be affected. It's also possible that they're on benefits which would be affected (housing benefit for instance).

    That's without getting into mental health reasons for not wanting the responsibility of a large sum of money.

    Could they be incapacitated and unable to reply?

    If relatives are in touch could they arrange an appointment with CAB to go through the implications on benefits and options for things like a discretionary trust to help them deal with whatever might be worrying them?
    Unless I say otherwise 'you' means the general you not you specifically.
  • London3344
    London3344 Posts: 35 Forumite
    Nobody has been in Touch with them for over 20 years. I think the letter has been sent to their Social services team as they almost certainly still have a caseworker.
  • Ames
    Ames Posts: 18,459 Forumite
    London3344 wrote: »
    Nobody has been in Touch with them for over 20 years. I think the letter has been sent to their Social services team as they almost certainly still have a caseworker.

    Don't count on it. Social Services are incredibly stretched. You'd be surprised how ill someone can be and not have support. They'd pretty much have to be sectioned or at high risk of it.

    Do you even know if they're still alive?
    Unless I say otherwise 'you' means the general you not you specifically.
  • badmemory
    badmemory Posts: 7,734 Forumite
    First Anniversary Name Dropper First Post
    Do they still live at the address you have? If they have changed area then that social services team will have no idea what is going on & it will be on a "yer what" pile. Could they now have dementia & actually be in an LA funded care home?

    And no unless they are dead & have no children their share can not be redistributed.
  • JIL
    JIL Posts: 8,687 Forumite
    First Anniversary Name Dropper Photogenic First Post
    There's a letter forwarding service run by DWP.
    https://www.gov.uk/government/publications/pensions-and-insurance-tracing-and-letter-forwarding-service/bulk-letter-forwarding-service-detailed-guidance

    Could your solicitor use this?
  • Malthusian
    Malthusian Posts: 10,931 Forumite
    First Anniversary First Post Name Dropper Photogenic
    Even if they do "reject the inheritance", it would be highly unwise to act on that instruction and distribute it to the other beneficiaries, as they may not have capacity to make that decision due to their mental health issues.

    Leave it to the solicitors to deal with. After everyone else's shares are distributed, the solicitor's costs will be deducted from the remaining beneficiary's share until they, or whoever looks after their finances, eventually decides to claim it.
  • London3344
    London3344 Posts: 35 Forumite
    The Local Authority have provided the solicitor with an address and they have written to him but no response. My family just don't wan't him getting hold of their addresses and trying to restore contact - nor have to continue having dealings with the solicitor until he dies if he wont accept his share.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    London3344 wrote: »
    The Local Authority have provided the solicitor with an address and they have written to him but no response. My family just don't wan't him getting hold of their addresses and trying to restore contact - nor have to continue having dealings with the solicitor until he dies if he wont accept his share.

    Yeah, it'd be so much easier if they could just keep the money themselves, that's what you're getting at, right?
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