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Will

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I am a beneficiary of the proceeds of a will and probate is going through at the moment. The thing is I don't want the proceeds from the will and I was wondering if I would be allowed to request that another member of the family has the proceeds.

Comments

  • Bossyboots
    Bossyboots Posts: 6,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I have not come across this before but I don't think you can be forced to take a bequest if you don't want it. You will need to put your position in writing to the executor. However, I think your share then goes into the "pot" so if you want it all to go to someone in particular you might be better off taking the bequest and then disposing of it as you choose afterwards. Once you sign it away you have no control over its distribution. There may be future tax implications (depending on whether this is cash or assets) so you need to make sure there is a clear record of what has happened to the bequest. If you are sure the person you want to receive the bequest will do so, then I would choose the option of refusing it.
  • There is something called a "Deed of Variation" which is a legal process to change the terms of a will, provided all the beneficiaries agree. This is generally done to avoid, or guard against, paying unnecessary inheritance tax. It would probably cost a few hundred pounds in legal fees.

    Without knowing your circumstances I cannot say if this is appropriate to your situation or complete overkill.
    Reed
  • I had a Deed of Variation done to give my share straight to my children. You can do it up to two years after the death of the Testator (or two years after something or other, ask your solicitor). It was straightforward and I don't think it needs the permission of any other beneficiaries unless it affects their inheritance although the Executor of the Will needs to sign something. You need a solicitor to do it and they should explain it all to you. It cost me just short of £200 about a year ago (2004). I've an idea if you get the same solicitor who wrote up the Will to do the Deed of Variation the cost comes out of the estate but don't quote me on that as I think a solicitor told me!
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