Beneficiary had requested no contact - what next?

[Deleted User]

I'd appreciate your guidance on the following:

I am executor for a relative, whose 4 children are residual beneficiaries.
One of the children has been estranged from the family since 1990.

On behalf/request of the elderly parent, one of the other siblings contacted the Salvation Army several times over the years to make contact with the estranged sibling, and the response each time was that the estranged sibling did not want any contact. On the last contact, they re-confirmed (via the Salvation Army) that they did not want to be contacted.

As POA for the relative, in 2016 I registered the Enduring Power of Attorney with the Office of the Public Guardian, & they accepted the letter from the Salvation Army as being the reason I could not send Form EP1PG (Notice of intention to apply for registration of an Enduring Power of Attorney) to the estranged sibling.

The amount due to this estranged beneficiary is £8000.00 - so not huge, but may be welcome.

My question is:

(1) Am I legally obliged to contact the Salvation Army again and see what the response is, from the estrange sibling? Given they have requested "no contact", I am sensitive to the fact that I may be invading their privacy/peace of mind .
(2) Or is their "No contact" request equal to rejecting any gift from the parent's will?

I can't be sure the estranged sibling knows of their parent's death.

None of the family knows where the estranged sibling lives, if they have died, if they have a spouse or children. They'd be quite happy for their estranged sibling to have the money, so there's no problem there. I intend to distribute the residual amount to the 3 siblings, and keep back what is due to the estranged sibling, until I know what to do with it.

Thank you for any guidance on this.

bouicca21

I think you contact the Salvation Army again, refer to previous enquiries and say that whilst you accept that X does not wish to make contact (s)he is a beneficiary in the sum of £y and needs either to provide a means for it to be paid or formally relinquish it. Add that there is no need for any personal contact, it is simply a financial transaction.

[Deleted User]

Thank you for your advice. I have just contacted the Salvation Army.
I notice their web site says "We do not look for relatives for estate, legal or other business purposes." However, I've mentioned our previous enquiries as you suggested, and used your wording about it being purely a financial transaction. Fingers crossed.

[Deleted User]

The Salvation Army tracing service confirm that the estranged sibling has asked for them (Salvation Army) not to contact or trace them again. The Salvation Army advise "We do understand your position but our service exists for reconciliation purposes and so your request also falls outside of our criteria. "

I completely understand their position too.

If anyone has any suggestions, please let me know. However, as it's a small amount, I don't want to spend money on expensive solutions.

Otherwise, I will just keep the money aside and if I'm contacted by the estranged sibling (or their children), it will be there for them.

Mojisola

Dilbert999 wrote: »

If anyone has any suggestions, please let me know. However, as it's a small amount, I don't want to spend money on expensive solutions.

Otherwise, I will just keep the money aside and if I'm contacted by the estranged sibling (or their children), it will be there for them.

As the family had to resort to the SA, I'm assuming he's not on FB or similar.

If his name isn't too common, you could try searches of marriages and deaths.

If it's a common name, keeping the money in an account seems to be the only option.

As the SA did manage to find him, he can't be living too far under the radar.

Honeylife

Dilbert999 wrote: »

The Salvation Army tracing service confirm that the estranged sibling has asked for them (Salvation Army) not to contact or trace them again. The Salvation Army advise "We do understand your position but our service exists for reconciliation purposes and so your request also falls outside of our criteria. "

I completely understand their position too.

If anyone has any suggestions, please let me know. However, as it's a small amount, I don't want to spend money on expensive solutions.

Otherwise, I will just keep the money aside and if I'm contacted by the estranged sibling (or their children), it will be there for them.

You are doing you best to complete your role as executor. Normally a fairly smooth procedure you have encountered a hick up. My suggestion -

1. As the SA have their hands tied with their own rules, then use a professional tracing service ( if it costs so be it) and if that has a positive result send letter with info asking them to formally relinquish or accept the sums.

2. Put the money aside as indicated in your last para.

My step mother relinquished all inheritance of her fathers substantial estate (she was an only child) because her bitter divorced mother was ranting in her ear! (her words not mine) At the time she was 21. She deeply regretted it as all went to the Crown. She wished she had had more time, an independent advice, to understand that she may have need for it in her or her own children's future. No one even suggested she claim it and give it to Charity!

Think you are doing a great job trying to dispense the sums.

bouicca21

You might need a solicitor to contact DWP on your behalf, but it looks like they will forward a letter. Presumably you would need to know significant details like date of birth. Even better if you know the NI number, though that’s unlikely.

https://www.gov.uk/government/publications/pensions-and-insurance-tracing-and-letter-forwarding-service/bulk-letter-forwarding-service-detailed-guidance

MovingForwards

Tracing agents only need name, date of birth and all previously known addresses.

Couple of hundred quid from the estate, therefore reducing all monies to beneficiaries, job done.