Proceeds of will payout

poppystar

If you see him in person and have the cheque and a receipt letter for him to sign ready then there is a point. Executor duties accomplished, signed receipt to prove that. What beneficiary does with the cheque after is up to him.

Notepad_Phil

poppystar said:

If you see him in person and have the cheque and a receipt letter for him to sign ready then there is a point. Executor duties accomplished, signed receipt to prove that. What beneficiary does with the cheque after is up to him.

Unfortunately I think with what we've heard up to now, they'll just find a reason why they can't sign the receipt, or will give an obviously wrong signature so they can say they've not signed anything, or won't cash the cheque, but it definitely is at least giving it a try and see what happens.

user1977

poppystar said:

If you see him in person and have the cheque and a receipt letter for him to sign ready then there is a point. Executor duties accomplished, signed receipt to prove that. What beneficiary does with the cheque after is up to him.

But if the cheque doesn’t get banked then executor is still left with his money in the account.

Keep_pedalling

You could try writing to them saying that unless he accepts the gift in a given period of time the gift will be deemed disclaimed under section WA 1837 - 33A Disclaimer or forfeiture of gift. (Disclaimed by conduct).
The whole gift must be disclaimed and they cannot have received any prior to distribution of the estate. 

https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33A?view=plain

Spendless

Keep_pedalling said:

You could try writing to them saying that unless he accepts the gift in a given period of time the gift will be deemed disclaimed under section WA 1837 - 33A Disclaimer or forfeiture of gift. (Disclaimed by conduct).
The whole gift must be disclaimed and they cannot have received any prior to distribution of the estate. 

https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33A?view=plain

Im guessing that the DWP would still treat the beneficary as having received the money with regards to benefits if they did this?

OP - Id go for telling your brother what is happening rather than doing what he asks or waiting for him to open an account.

Do you need to ask the bank to issue a cheque? Cant you just transfer your brother's share into a current account in your name and write out a cheque for his amount? I think banks can still issue personal cheques for use even if you no longer automatically get them and theyre no longer in everyday use.

This is what my Mum did when my Nan left money to an estranged relative in her will. Moved relatives money into a current account, wrote out a cheque from it. No other way to do it since no one had estranged relatives bank acc details. Mum included a copy of the will and a small note asking relative to sign and return ssying theyd received it, which they did, though they were under no legal obligation to do so.

If your brother doesnt cash the cheque then eventually the DWP will come along and treat him as though hes received it anyway. At that point he'll need the money to repay them. I dont know if its possible for you to keep the money in an account waiting for the day this happens. 
 

Keep_pedalling

Yes the DWP would consider that as deliberate deprivation of assets, but the main issue for the OP is to get the estate would up and not to have to deal with the troublesome sibling anymore.

Spendless

Keep_pedalling said:

Yes the DWP would consider that as deliberate deprivation of assets, but the main issue for the OP is to get the estate would up and not to have to deal with the troublesome sibling anymore.

I think Id just include that info in the letter. "If unclaimed between certain time it will be deemed disclaimed. DWP will see this as DoA and treat you as having received it"

Upto brother then, he claims it, write a cheque, he doesn't then he knows DWP will treat him as having received it anyway. 

NedS

Richard_Newlove said:

NedS said:

Are you able to support your brother in opening a basic bank account? Help them to obtain basic ID and proof of address, book them an appointment and attend with them? Explain to the bank they need an account to receive their inheritance and to have their benefits paid into.

I supported him when I tried to get him a passport but he has to fill the necessary forms in and in the right timeframe.
I've set him up with a mobile contract and phone so he can't run out of minutes, texts or data.
I work full time and don't have the time or, to be honest, the inclination to be hand-holding a grown man, abuse issues or not. I stopped being his crutch about 30 years ago. There is help available for him but he has to make those decisions himself.

Apologies if that comes across as harsh but if I told you the full range of the things he's done in the past 30 years, you would probably feel the same. I can help him to help himself, but I can't do everything. I've already dealt with the will, probate, mum's home, her hospital, social and hospice care, the funeral, the wake, the estate agents, the solicitors, with help from my sister and my wife. Take a guess at what he helped with.
Again, I don't mean to be rude but suggesting I haven't supported him already is a little...infuriating.

Yes, I totally get that. Pragmatically, I just wondered if this may actually be an easier option for you to achieve your goal of distributing the estate than some of the alternatives being discussed.