Refusal of a legacy

Josh82

Hi all,


I've got a query about a 'refused' legacy. I'm executor to my father's estate, which he left to myself and my sister in equal parts. He died 8 months ago. I'm in the latter stages of proceedings, with all the estate now gathered in and no debts left to pay, so am looking towards distribution. He'd left a handful of legacies to various people in his will however, which I've now sent out by cheque. However one person - a very close and good family friend to us all - is currently unsure about accepting and has been holding on to the cheque for £5000 for almost 2 months now, citing a feeling of guilt about "taking it away from his children."


The person in question was an absolute pillar of strength and a huge support to my father towards the end of his life, and I know in discussion with him before he died he most definitely wanted her to have this legacy and I'm sure would have been upset to think she wouldn't get it. Both myself and my sister absolutely think it is fitting for her to have this legacy and would feel we'd let down both her and my father if she were not to receive this. Obviously a death is an emotional time, and I'm sure there is still a lot of coming to terms with things for us all - and I think this is a big driver in her refusal at the moment which may fade with time - and there's not a desperate rush to finalise things but of course I'd like to get it all done and dusted.


I'm wondering what opinion is on next steps if she does decide definitely to refuse things. I feel the need of course to execute the will as written and carry out my father's wishes, but can't just leave this unaccounted for and languishing forever in the executor's account. Has anyone else had any experience of this happening or know any precedence (I'm sure this can't be the first time this has happened!)? Of all the pitfalls and potential difficulties I foresaw in administering my father's estate - which thankfully haven't come to pass and the whole process has actually been quite a fulfilling one - this was one I most definitely didn't see coming.

g6jns_2

Josh82 wrote: »

Hi all,


I've got a query about a 'refused' legacy. I'm executor to my father's estate, which he left to myself and my sister in equal parts. He died 8 months ago. I'm in the latter stages of proceedings, with all the estate now gathered in and no debts left to pay, so am looking towards distribution. He'd left a handful of legacies to various people in his will however, which I've now sent out by cheque. However one person - a very close and good family friend to us all - is currently unsure about accepting and has been holding on to the cheque for £5000 for almost 2 months now, citing a feeling of guilt about "taking it away from his children."


The person in question was an absolute pillar of strength and a huge support to my father towards the end of his life, and I know in discussion with him before he died he most definitely wanted her to have this legacy and I'm sure would have been upset to think she wouldn't get it. Both myself and my sister absolutely think it is fitting for her to have this legacy and would feel we'd let down both her and my father if she were not to receive this. Obviously a death is an emotional time, and I'm sure there is still a lot of coming to terms with things for us all - and I think this is a big driver in her refusal at the moment which may fade with time - and there's not a desperate rush to finalise things but of course I'd like to get it all done and dusted.


I'm wondering what opinion is on next steps if she does decide definitely to refuse things. I feel the need of course to execute the will as written and carry out my father's wishes, but can't just leave this unaccounted for and languishing forever in the executor's account. Has anyone else had any experience of this happening or know any precedence (I'm sure this can't be the first time this has happened!)? Of all the pitfalls and potential difficulties I foresaw in administering my father's estate - which thankfully haven't come to pass and the whole process has actually been quite a fulfilling one - this was one I most definitely didn't see coming.

This is not unheard of but is quite easy to deal with. If she refuses it, as she is entitled to, it simply falls back into the residue of the estate and should be distributed accordingly. You need to get her to write formally to say this and adjust the estate accounts accordingly.

pmlindyloo

Here's a link for the above:

http://www.mylawyer.co.uk/varying-a-will-or-the-distribution-of-an-estate-after-death-a-A76991D77122/

May I suggest that you formally write to this person saying what you have said on here

QUOTE
The person in question was an absolute pillar of strength and a huge support to my father towards the end of his life, and I know in discussion with him before he died he most definitely wanted her to have this legacy and I'm sure would have been upset to think she wouldn't get it. Both myself and my sister absolutely think it is fitting for her to have this legacy and would feel we'd let down both her and my father if she were not to receive this.

Then add something like ' if you feel that you are still unable to accept the gift then would you be kind enough to formally write and let me know as then this will enable me to bring to a close my position as executor.'

Josh82

Thanks to you both for the sound advice and for the link - exactly what I was looking for. A letter along the lines suggested seems like the way forward. I'm trying not to rush things as it's a sensitive issue, but good to have some guidance on where I might go from here and very grateful for your help.

Rodders53

Please consider both you and your sister visiting the person concerned together and telling them face to face how you both feel about this money. (If it is practical).

It would be much harder to refuse, face to face, especially when you can reassure the beneficiary that neither of you really need the extra money, and how grateful you are for what they did for your Father.

It would be a lot more personal that a letter. If you have no option but to write please make it hand-written on notepaper, not just a computer printout as that, too would be much more personal for someone to receive.

I guess you may both find any meeting difficult but you may also find comfort in achieving your late Father's wish.

Crabapple

I definitely agree with the above. Write if you must but it might be better if you could talk to her and explain what you've said on here and what your father felt about this friend and wanting her to have the money.

Perhaps don't mention the part about him probably being upset if she didn't take it, you don't want to guilt her into taking the money, just make her realise how much she was appreciated and that was why she was mentioned in the Will.

I'd continue to wind up the Estate. If she does decide not to cash the cheque then you can always distribute those extra funds betweeen you later on.

growler834

I would say to her that if she is uncomfortable taking the money for herself, she could accept it & then donate it to the charities of her (or your family's) choice. She may feel happier with that suggestion.

jackyann

In a similar situation (as executor) I did visit the beneficiary, and suggested that the deceased would have liked her to spend it on a holiday, as a thank you.
She did, and the pleasure she & her family took, and the photos they shared with us, were wonderful.

That may not be applicable, OP, but you may be able to think of something.