Benficary rejecting money.

Robin9

Forest11 wrote: »

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

I would agree that if the beneficiary employs a solicitor then I agree.

But surely if the executors employ a solicitor to administer any part of the estate then those costs would come out of the overall estate ?

Forest11

Not according to what they have been advised - he have to pay extra legal costs if he delays the process of claiming his money. If the sitation then changes then I am frightened of his reaction .

Robin9

So what happens if this beneficiary continues not to talk and the solicitors fees need to be paid. You could have a situation where the fees exceed the bequest - what then ?

Forest11

I imagine debt.

Yorkshireman99

Robin9 wrote: »

I would agree that if the beneficiary employs a solicitor then I agree.

But surely if the executors employ a solicitor to administer any part of the estate then those costs would come out of the overall estate ?

Not when you have a complete idiot playing the fool. Judges don.t take kindly to defendants abusing the legal systemi this way.

Forest11

Because the estate solicitor will not be dealing with any aspect caused by his delay.

buildersdaughter

Forest11 wrote: »

. If the sitation then changes then I am frightened of his reaction .

Forest, i think this is what you need to address. None of this is actually your business - I say that kindly, because we can all see that you are worried about these close relatives.
I wonder what frightens you? No need to reply on a public forum if you don't want to,but I think you need to sort this out in your own head.
As I understand it:
You have no meaningful relationship with the ill relative, and I assume he has no means of contacting or recognising you. He does not know the contact details of the beneficiaries as it has all been done through a solicitor. They are also his 'next of kin' so anything family related is up to them.
If you are frightened of what he might do to himself, this is the responsibility of those who have the care of him, in whatever capacity, and that is clearly not you.
I wonder if you think that this has been mis-handled in the past? Many of us have experience of thinking that our relatives should have done things differently. I have recently had to have an uncomfortable discussion with an old family friend and tell him that an action taken by close relatives of mine were not my decision. I would have taken a different action had it been my responsibility, but it wasn't.
Forgive me if I have strayed into an area you would rather I hadn't, and as always, take what is useful to you, ignore what isn't.

Forest11

Update - they have ruled out paying into the court on cost grounds from the rest of the estate and recommended to the solicitor that the money should be kept in reserve until such time as he comes forward - not sure what the solicitor will think of this.
Also the council have confirmed he has been sent letters so they asking the solicitors if that is evidence that he has been contacted.

Forest11

And under no circumstances do they wish to maintain a bank account with his funds in and informed the solicitor that are not prepared to do so.

Tigsteroonie

Forest11 wrote: »

And under no circumstances do they wish to maintain a bank account with his funds in and informed the solicitor that are not prepared to do so.

But then who should? If they are expecting the solicitors to retain the money pending payout, they should expect to pay through the nose for such an ongoing facility.