Proceeds of will payout

Richard_Newlove

Hopefully someone here can help out.
My mother died at Christmas; I had power of attorney granted prior to her death, am the sole executor of the will and have grant of probate to sell her house (dad died 10 years ago).
Mum's will names 3 beneficiaries, me and my brother and sister; all proceeds are to be split equally, apart from jewellery, which was for my sister.
Here's the problem: my brother doesn't have a bank account. He has a terrible credit record due to other issues. I tried to get him a passport so he would have some identification to open a bank account but that has fallen through (his fault again).
However, he has said that I can pay the money into someone else's account (when the house is sold). I am not certain as to the legality of this, as I would be effectively paying the proceeds into someone who wasn't named in the will.
Any advice anyone can offer would be greatly appreciated!

elsien

Surely he can get a basic bank account? Where did his wages or his benefits go depending on what he is living on?
Absolutely do not pay it to someone else - if he wants his money, he’s going have to make the effort to sort his ID out. 

Keep_pedalling

I would not pay his bequest into someone else’s account, it could leave you having to compensation your sibling if this person runs off with the money. There is zero reason why he can’t get a basic bank account

bazdvd

is he by chance on benefits and does not want to declare the money as his own?

Richard_Newlove

bazdvd said:

is he by chance on benefits and does not want to declare the money as his own?

He is , and that had also crossed my mind. I just want to know where I stood legally.

Marcon

Richard_Newlove said:

bazdvd said:

is he by chance on benefits and does not want to declare the money as his own?

He is , and that had also crossed my mind. I just want to know where I stood legally.

I'd take the heat out of this by saying you will check the position with the conveyancing solicitor - and make sure you have a word/explain the situation to them before putting anything in writing.

Keep_pedalling

You could always report his inheritance to the DWP, I am sure he would soon want it paid to him if his benefits stop. 😈

RAS

I can't see a solicitor agreeing to pay into another bank account. Complete fail in the KYC regs.

There are occasional instances when ID is difficult to prove. The gold star is one lot of photo ID plus one proof of address. When I was involved in this sort of thing there were several further layers, the deeper ones requiring a larger number of documents in both categories, up to about 8 documents I think.

To start with is brother on the electoral roll? Does he have his birth certificate. Presumably he has loads of documents relating to his benefit claim? Does he rent or pay for any utilities?

elsien

If he is claiming benefits he will have those letters which are proof of address. 

JosephK

To where are his benefits paid?

Richard_Newlove

Thanks for the advice people, you've all more or less confirmed what I thought!

To answer the queries re my brother: in short, I don't know.
My brother has had substance abuse issues for a number of years so I have as little to do with him as possible. He usually comes up with some nonsense that I just can't devote any headspace too.
As it happens, I'll be seeing the conveyancing solicitor on Monday so I will ask a couple of questions there too.
Thanks to all again.