What happens to an undistributed legacy?

juleeee

My sister's partner was bequeathed a 'considerable' sum of money by his grandmother some years ago. The solicitor handling probate refused to pay out to him as he did not have a bank account since he was unable to provide the necessary proofs of ID to a bank. He and my sister lived on benefits. My sister has now died and he has taken over her council property. He now has a job and has been able to open a bank account. In the past he has borrowed money from my mother which he does repay in small amounts as and when he can. My mother is 89 and will probably not live to see the loan repaid in full. I would like him to try to claim his inheritance to pay back my mother but he is very lazy and also thinks it would have been distributed to the other beneficiaries.

Does anyone know what should have happened to the legacy in these circumstances ? I think it is sitting in the solicitor's bank account.

Yorkshireman99

juleeee wrote: »

My sister's partner was bequeathed a 'considerable' sum of money by his grandmother some years ago. The solicitor handling probate refused to pay out to him as he did not have a bank account since he was unable to provide the necessary proofs of ID to a bank. He and my sister lived on benefits. My sister has now died and he has taken over her council property. He now has a job and has been able to open a bank account. In the past he has borrowed money from my mother which he does repay in small amounts as and when he can. My mother is 89 and will probably not live to see the loan repaid in full. I would like him to try to claim his inheritance to pay back my mother but he is very lazy and also thinks it would have been distributed to the other beneficiaries.

Does anyone know what should have happened to the legacy in these circumstances ? I think it is sitting in the solicitor's bank account.

You are probably correct. The only way to find out is for the solicitor to be asked.

Owain_Moneysaver

juleeee wrote: »

My sister's partner was bequeathed a 'considerable' sum of money by his grandmother some years ago. The solicitor handling probate refused to pay out to him as he did not have a bank account since he was unable to provide the necessary proofs of ID to a bank. He and my sister lived on benefits.

It should still be sitting in the solicitor's bank account, as long as the partner didn't sign anything waiving his legacy.

I hate to throw a spanner in the works but your sister's partner possibly should have been treated as receiving the money for benefits purposes, and might now be liable for a significant historic overpayment of benefits.

Mojisola

If he signed paperwork refusing the legacy, it may have been given to other beneficiaries, depending on the will.

If the money is still there, he may have to repay the DWP as well as your Mum.

securityguy

Mojisola wrote: »

If he signed paperwork refusing the legacy, it may have been given to other beneficiaries, depending on the will.

If the money is still there, he may have to repay the DWP as well as your Mum.

If he signed paperwork refusing it, he may _still_ have to repay the DWP. That's straight up and down deprivation of capital.

juleeee

Thanks all for your advice. I had not thought about the effect on benefits and tbh I don't know the actual amount of the legacy. I wouldn't be surprised if he refused it as he is very unworldly. I will ask him a few more questions and take it from there. Thanks again.

Yorkshireman99

juleeee wrote: »

Thanks all for your advice. I had not thought about the effect on benefits and tbh I don't know the actual amount of the legacy. I wouldn't be surprised if he refused it as he is very unworldly. I will ask him a few more questions and take it from there. Thanks again.

Even if he refused the legacy the DWP will still treat it as having be received as far as calculatin g means tested benefits are concerned.

Mojisola

Mojisola wrote: »

If he signed paperwork refusing the legacy, it may have been given to other beneficiaries, depending on the will.

If the money is still there, he may have to repay the DWP as well as your Mum.

securityguy wrote: »

If he signed paperwork refusing it, he may _still_ have to repay the DWP. That's straight up and down deprivation of capital.

If the money has been distributed to other beneficiaries, he will owe the DWP money but probably won't be able to pay it.