prisioner inheritance 13 July at 1:16PM in Deaths, Funerals & Probate 9 replies 566 views

geraniums21

I have an uncle that is currently in prison for a hideous crime, I'm the executor of a will and he is a beneficiary. None of the family including me, want anything to do with him. I will carry out my duties as executor but...How does he get the money and items? If I put the items left to him in storage? Who would pay for it? Is it best handled by a Solicitor? TIA

TBagpuss

In the first instance write to let him know. He may be able to nominate someone who will store the items for him . It may be possible for you to give him a reasonable timescale to arrange for the items to be collected and then advise that they will be stored at his expense (assuming that the funds he has been left are sufficient to cover storage costs) Do you know how long he has left to serve? 

geraniums21

Thank you for this info. He has about three years left. I was a bit reluctant to write and let him know but as I certainly don't want to talk to him, I guess it may have to be a letter. Storage costs could be covered by his share. Ive no idea who his solicitor is Nor do I have a bank account number for him. So complex.

Comms69

geraniums21 said:

Thank you for this info. He has about three years left. I was a bit reluctant to write and let him know but as I certainly don't want to talk to him, I guess it may have to be a letter. Storage costs could be covered by his share. Ive no idea who his solicitor is Nor do I have a bank account number for him. So complex.

No more complex than anything else. You know where he is - just write saying this is the inheritence - and await instructions

MalMonroe

geraniums21 said:

I have an uncle that is currently in prison for a hideous crime, I'm the executor of a will and he is a beneficiary. None of the family including me, want anything to do with him. I will carry out my duties as executor but...How does he get the money and items? If I put the items left to him in storage? Who would pay for it? Is it best handled by a Solicitor? TIA

I would ask the solicitor to handle this. An executor's duties only go so far! 

Flugelhorn

I would agree re using a solicitor for this - will cost but will be worth it. Within families any sort of contact can be difficult sometimes

Brynsam

Has he had a confiscation order made against him? If so, the executor needs to be aware that any inheritance could be confiscated, depending on the circumstances. Definitely one for a lawyer.

pphillips

Brynsam said:

Has he had a confiscation order made against him? If so, the executor needs to be aware that any inheritance could be confiscated, depending on the circumstances. Definitely one for a lawyer.

Does an executor really need to be concerned about a beneficiary's personal circumstances? Unless you're suggesting that the uncle cannot inherit under the forfeiture rules, because he killed the testator.

Keep_pedalling

pphillips said:

Brynsam said:

Has he had a confiscation order made against him? If so, the executor needs to be aware that any inheritance could be confiscated, depending on the circumstances. Definitely one for a lawyer.

Does an executor really need to be concerned about a beneficiary's personal circumstances? Unless you're suggesting that the uncle cannot inherit under the forfeiture rules, because he killed the testator.

pphillips said:

Brynsam said:

Has he had a confiscation order made against him? If so, the executor needs to be aware that any inheritance could be confiscated, depending on the circumstances. Definitely one for a lawyer.

Does an executor really need to be concerned about a beneficiary's personal circumstances? Unless you're suggesting that the uncle cannot inherit under the forfeiture rules, because he killed the testator.

They certainly do in the case of bankrupt beneficiaries.

Comms69

Keep_pedalling said:

pphillips said:

Brynsam said:

Has he had a confiscation order made against him? If so, the executor needs to be aware that any inheritance could be confiscated, depending on the circumstances. Definitely one for a lawyer.

Does an executor really need to be concerned about a beneficiary's personal circumstances? Unless you're suggesting that the uncle cannot inherit under the forfeiture rules, because he killed the testator.

pphillips said:

Brynsam said:

Has he had a confiscation order made against him? If so, the executor needs to be aware that any inheritance could be confiscated, depending on the circumstances. Definitely one for a lawyer.

Does an executor really need to be concerned about a beneficiary's personal circumstances? Unless you're suggesting that the uncle cannot inherit under the forfeiture rules, because he killed the testator.

They certainly do in the case of bankrupt beneficiaries.

It seems that any bankruptcy may well have been discharged by now - if he's been in prison for years