Beneficiary refusing inheritance?

6022tivo

Estate has all been totaled and sorted by the executor and it is to be split between two grandchildren. One of them does not want it?

What happens?

theoretica

Is the grandchild over 18?

6022tivo

Both are, yes.

whitewing

Wouldn't it be easier, from a future queries point of view, if the beneficiary accepted it but then donated it to charity or whatever?

I think the reason why they don't want it may be important, as perhaps they count still be counted as having had it eg for benefits, even if they had refused it?? But this would have to be checked as it is something that I may have muddled up with something else..

6022tivo

It may be benefit related? I have looked at - "deprivation of assets".

As UK GOV will have no record of it entering a UK account of the beneficiary, they would have no cause to investigate the person? That is why they don't want it, if they took it and donated it it would have a paper trace for deprivation of assets?

troubleinparadise

The answer is still the same as when you asked the same question back in June 2015, and said then that the issue of losing benefits meant that the beneficiary didn't want to receive their inheritance.

https://forums.moneysavingexpert.com/discussion/5265811

AIUI, a beneficiary cannot deliberately deprive themselves of assets in order to keep claiming benefits.

6022tivo

How Bizzare, I can't remember asking before (it has been a stressful year).

UK Gov will have no idea unless the funds hit one of the beneficiarys accounts (NI number linked). If the executor does not have the account details, then what does the executor do? Turn up with cash, and a receipt to sign (for the executors records)?


A cheque gets written, and it gets ripped up and refused??? What can the executor do?

konark

If they really don't want it they will have to sign a legal document renouncing their legacy for the money to be given to the other beneficiary.

If this is all for means-tested benefit reasons then surely they must be better off taking the money than refusing it?

Yorkshireman99

6022tivo wrote: »

How Bizzare, I can't remember asking before (it has been a stressful year).

UK Gov will have no idea unless the funds hit one of the beneficiarys accounts (NI number linked). If the executor does not have the account details, then what does the executor do? Turn up with cash, and a receipt to sign (for the executors records)?


A cheque gets written, and it gets ripped up and refused??? What can the executor do?

The executor can get the unwilling beneficiary to formally refuse it. The executor then distributes it as if it were residue of the estate. This process gets the executor out of thiier difficulty but the unwilling beneficiary still does not escape any action for deprivation of assets though the authorities may not find out if they don't declare this to the DWP.

jackyann

The executor needs to keep a careful record and get everything in writing. If necessary, write down a conversation from memory and get anyone who was present to sign it.

It sounds as if the beneficiary has received bad advice. This is not the executor's fault, but they need to make their position clear.

I have to say that if I was in the executor's position I would seek legal advice (may be worth just asking the Probate Office first).
However, it is worth remembering that as long as everything is documented, you can make an interim payment to the other beneficiary (ies) and leave the awkward one's inheritance in the Probate Account whilst you both get proper advice.

Has the refusenik actually got advice? For most people claiming benefits, for whatever reason, there is value in taking the money. However, if they want to play silly boogies then it is only up to the executor to follow procedure.

nom_de_plume

Is the beneficiary under any undue pressure from the other grandchild or indeed any other family members who may see their receiving the inheritance as a waste of the grandparents hard work?