Not Wanting Inheritance

charliefarns62

It looks likely that one of the beneficiaries of my late mother's estate does not wish to receive her share of the inheritance and has asked it to be shared amongst the other four, including myself. She is unmarried and does not have any children (mentioning this in case it's relevant). I am the sole executor and am doing the probate myself on a relatively straightforward will and had not anticipated this potential spanner in the works. As the will states the five beneficiaries, do I need to involve a solicitor in this, something I've been trying to avoid, or can I just ask her to write me a letter expressing her wishes (some advice on the wording to cover all future eventualities would be appreciated too). Many thanks

davemorton

Cant she just accept it, then gift it back to the other 4?

jackieblack

You can do this with a Deed of Variation, info here https://www.gov.uk/alter-a-will-after-a-death

Yorkshireman99

charliefarns62 wrote: »

It looks likely that one of the beneficiaries of my late mother's estate does not wish to receive her share of the inheritance and has asked it to be shared amongst the other four, including myself. She is unmarried and does not have any children (mentioning this in case it's relevant). I am the sole executor and am doing the probate myself on a relatively straightforward will and had not anticipated this potential spanner in the works. As the will states the five beneficiaries, do I need to involve a solicitor in this, something I've been trying to avoid, or can I just ask her to write me a letter expressing her wishes (some advice on the wording to cover all future eventualities would be appreciated too). Many thanks

Is she claiming any means tested benefits? Refusing the inhetance does not exempt her. She still has to declare it to the DWP

getmore4less

Be easier if you said why she is refusing it as that often saves redundant suggestions on what needs to be done.

charliefarns62

Ideally yes, unfortunately there are 'issues and complications' - typical family stuff I'm afraid.

charliefarns62

I suspect this may be part of the problem, things are rather frosty at the moment so don't want to start quizzing her about her circumstances. Appreciate the answer.

charliefarns62

The Deed of Variation would seem to be a straightforward way to resolve things, having just read the link. Many thanks

getmore4less

OK based on that potential mess you have 3 options.

in all cases...
if you want you can advise the beneficiary making the change what the impact is for them for each choice or tell them they need to get the relevant advise.
...
If she wants to specify where the money goes it has to be a DOV
You need to understand the impact of that on the estate and if needed approve it.
...
she issues a disclaimer and you distribute according to the will.
...
she accepts and makes the relevant gifts
...

Sea_Shell

A DoV would do the job, and completely up to her whether she seeks further advise before signing one.

It's not up to you to "steer" her one way or another, but just present an option available to them.

Someone will no doubt confirm, but I doubt there could be any comeback on executors if they (the beneficiary) did a DoV without legal advice.

getmore4less

One advantage of the DOV is that as the executor they don't even have to get involved unless it changes the tax position* of the estate.

They can just give them the money and tell them to dish it out according to the DOV.



* unlikely unless one of the beneficiaries is a spouse.