Do you have to accept a bequest in a will?

matt.d.

Hi all. I wonder if people could give me some sort of guidance on a situation that is likely to occur for a family member

An elderly relative has, in her will, left her estate to be divided equally between her daughters and their children (2 on each side so equal shares of 1/6th) and this is likely to be circa £80k.

This poses a problem for one of my daughters who lives in a flat rented from a charity but she has to conform to certain conditions: ie being a key worker and having less that £5000 in savings.

As said relative is in her mid-90s and recently been in ill health this has thrown the situation into sharp relief as she would be in breach of her tenancy agreement and likely asked to leave the flat she loves.

So we are trying to think of options for how to avoid this arising.

The charity carry out annual reviews including inspecting bank statements so it is not as if she can cash a cheque and then transfer the money to her mum as it will show up.

Anyone got any thoughts?

(Note - it is important to note that due to said relatives health it is not feasible to have her redraw/change the will)

TIA

Cairnpapple

Is the estate 80k in total, or is each person's share 80k?

kaMelo

https://forums.moneysavingexpert.com/discussion/6665029/do-you-have-to-accept-a-bequest-in-a-will

Anyone can refuse a bequest, whether it will have any affect on her tenancy will depend upon exactly what is written in the tenancy agreement and how watertight that is.

Another important question, is your daughter in receipt of means tested benefits?

matt.d.

https://forums.moneysavingexpert.com/discussion/comment/81970978#Comment_81970978

£80k each…

matt.d.

https://forums.moneysavingexpert.com/discussion/comment/81970986#Comment_81970986

That's what I'd do but the rest of the family are a bit more strait-laced than me 😉

la531983

https://forums.moneysavingexpert.com/discussion/comment/81970997#Comment_81970997

So they literally ask everyone for a years worth of bank statements?

That is absurd. I would be certainly being selective if thats how they actually do it. Plus I use multiple accounts anyway.

Equally absurd would be turning doing 80 grand which could put a hole in a house purchase to escape the rental system....

silvercar

Deed of variation. Submit it to the executor before they distribute the funds. It basically allows a beneficiary to re-direct the inheritance they would have otherwise received.

If you are in receipt of means tested benefits the DWP is entitled to consider you as if the DoV had not been written, but charities don’t have that power.

flaneurs_lobster

https://forums.moneysavingexpert.com/discussion/comment/81971003#Comment_81971003

So someone wants to rent me a flat, somewhere I want to live, for £100/mth - on condition they get to look at my bank accounts?

Think I'd put my concerns about my rights to financial privacy on the back burner.

la531983

https://forums.moneysavingexpert.com/discussion/comment/81971014#Comment_81971014

Ha if it was that cheap maybe so.

Point being you still dont have to give them everything to look at, but I suspect we are on the same page there!

silvercar

Let’s assume the aunt lives past 1 May 2026. If your daughter has a tenancy agreement, the charity can’t just evict her without specific reasons. Inheriting money is not one of them.

matt.d.

https://forums.moneysavingexpert.com/discussion/comment/81970988#Comment_81970988

As a charity I think they have a duty of care but they also have a duty of care to other people who meet their criteria. So I wouldn't think we'd want to take a punt.