Benficary rejecting money.

buildersdaughter

Mojisola - I believe they can put it into a trust, and maybe OP could offer to be trustee (although it sounds like a thankless task). The capital and income might affect his means-tested benefits, depending on the amount. He would need help managing this.
If these were reasonable people, i would suggest seeing a specialist solicitor and getting advice from MIND about setting up trusts. However, at least one of them is being apparently unreasonable - although being the (?) sibling of someone with mental illness and violent tendencies is very difficult, and they may have just reached the end of their patience!
The unanswered questions are:
Who does care for this man - does he have proper medical care, someone who helps him manage his affairs etc - or is he just let drift as sadly so many are at the moment. This makes a huge difference.
Where does OP see their role? I suspect that they are tempted to help the mentally ill relative, but quite rightly wary. They also may worry that if the unreasonable executor goes ahead with their threats, there may be repercussions.
I'm sorry to say that if I cared for OP, I would advise them to step away.
If however, they want to help the mentally ill relative, then the MIND website might give useful pointers.

Forest11

I have never met the mentally ill relative ( except possibly as a baby). My family seem to think the council will look after the money but that does not seem likely even if did answer the letters the solicitor send's him via the council.

Mojisola

buildersdaughter wrote: »

Mojisola - I believe they can put it into a trust, and maybe OP could offer to be trustee (although it sounds like a thankless task). The capital and income might affect his means-tested benefits, depending on the amount. He would need help managing this.

If the will created a trust, that would be fine.

As it doesn't, the inheritance can't be put away in a trust because that would be seen as deprivation of capital and the beneficiary would be assessed as if he had immediate access to the full amount.

Forest11

They have made sure the solicitor knows they dont want any contact and will not be prepared to spend any money which is not his on legal fees for him.

unforeseen

It sounds like they may struggle to get their own payouts if they are taking that stance.

Or if they do distribute theirs as one third each then it can come back and bite them both as executors and beneficiaries if the estate has expenses dealing with the other person.

They need to take legal advice as executors and not beneficiaries. This is a cost that will come out of the estate, not one person's inheritance.

Forest11

I tihkn they still just hoping he will answer or the council will suddenly agree to set up a trust.
The hatred is massive - when refering to him he uses the c -word.

Tigsteroonie

Okay, I don't know the legalities of this but ...

Can the beneficiaries not take their share (partial distribution); and then the executors - via the solicitor - write to the obstinate beneficiary to advise that the money is being retained in an executors' account if and when s/he decides they want it. The letter could also explain that unless an official rejection is signed and returned, then the money is deemed to be given over, and could affect any benefit entitlement.

If details are wanted in the future of how to lay their hands on that account, the individual could contact the bank - do banks still pass on letters?

Forest11

They dont really want to have to have to continue dealing with solcitors and epsecally having to pay for solicitors to deal with him out of their share's.

buildersdaughter

Forest:You cam here to check out some technicalities / legalities, and have had the usual decent MSE type advice, which I hope you have found helpful.
It sounds as if your anxiety is about the family, and I am not sure as there is anything you can do. You are now sure that the family has been given correct legal advice, and are choosing to 'ignore' it. It is of course, quite possibly all bluster, and they will realise they are better to pay for the advice and get peace of mind.
I think if you are just generally upset at them sounding off at you, then you just have to calmly say that you think they need to follow legal advice, but it's nothing to do with you. If you have something more specific, then ask and we will pitch in as best we can.
I hope this has helped you to get some clarity.

Forest11

Solicitor has told them fees for his legal costs only come out of his share.