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Benficary rejecting money.

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  • In that case, I think your job is to sympathise and stand clear! They have taken legal advice and are choosing to ignore it. I would only get involved if:
    I though I could speak to the mentally ill person's social worker or nurse and give them information that might be helpful.
    Or if an inexperienced beneficiary was being misled by the belligerent one.

    I would rather worry that getting involved might end up with you having to sort out some of the muddle!
  • Forest11
    Forest11 Posts: 78 Forumite
    10 Posts First Anniversary
    I think I will stand clear unless it is clear criminal actions are being committed when I wouldn't be opposed to reporting my own family to the police.
  • Forest11
    Forest11 Posts: 78 Forumite
    10 Posts First Anniversary
    edited 21 April 2018 at 6:31PM
    Through can the executors and the other beneficiary take their shares even if he is declining to answer letters and before he either accepts or legally signs to reject it.
  • DigForVictory
    DigForVictory Posts: 12,068 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Would it help for the executors to hire another external executor (a solicitor) to act as intermediary?
    OK, dents the estate but if it keeps family peace, that may be worth while.
    Also a professional would be excused the family faff and would be expected to know how to implement the Will around benefits etc.
  • Forest11
    Forest11 Posts: 78 Forumite
    10 Posts First Anniversary
    edited 21 April 2018 at 6:45PM
    They will only consider that if the money comes out of his share only - that is a non negotiable point for them - they do not believe their should lose money because he refuses to answer his letters due to his mental illness. They assumed that the council or social services would run a trust but that seems that wont happen.
    They are utterly non contact with him so they don't really want to keep peace but just get the estate dealt with and no further mention of him will be needed.
  • Gingernutty
    Gingernutty Posts: 3,769 Forumite
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    Does he have a social worker?
    :huh: Don't know what I'm doing, but doing it anyway... :huh:
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    Forest11 wrote: »
    They both under the impression his legal fees will come out of his share - is that not correct- one of the executors is not the kindest person and will not take kindly to me telling them that is not the case - earlier today he threatened to spend his share if he declines to tell the solicitor his bank details.

    The person with mental illness has an excuse, the person acting like a 3 year old who is executor doesn't. Had he used a solicitor to do probate, costs would have been far higher anyway so use a proportion of that money to lodge the unclaimed amount with a solicitor to be collected at beneficiaries timescale.
  • unforeseen
    unforeseen Posts: 7,382 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 22 April 2018 at 9:35AM
    Can they put it into a trust for the mentally ill beneficiary as he is classed as a vulnerable adult ? That would allow the estate to be closed.

    However who would be trustees?
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    unforeseen wrote: »
    Can they put it into a trust for the mentally ill beneficiary as he is classed as a vulnerable adult ? That would allow the estate to be closed.

    Not if he’s receiving means tested benefits.
  • Forest11
    Forest11 Posts: 78 Forumite
    10 Posts First Anniversary
    A solictor has been used but they not able to do much regarding the benifcary.
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