Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • London3344
    • By London3344 26th Jan 18, 4:07 PM
    • 7Posts
    • 1Thanks
    London3344
    Inheritence what happens.
    • #1
    • 26th Jan 18, 4:07 PM
    Inheritence what happens. 26th Jan 18 at 4:07 PM
    Hi.
    My Grandmother has recently died and her estate is being share among her children. However one is Non Contact due to mental health issues. They have been informed but they have not responded to the solicitors letters. As they are over retirement age they be on a pension rather than disability benefits. What happens if they reject their inheritance - does it get redistributed now or when they die (and it is believed they do not have children or if they do they not legally recognised)
Page 1
    • Owain Moneysaver
    • By Owain Moneysaver 26th Jan 18, 4:39 PM
    • 7,936 Posts
    • 8,738 Thanks
    Owain Moneysaver
    • #2
    • 26th Jan 18, 4:39 PM
    • #2
    • 26th Jan 18, 4:39 PM
    If they reject their inheritance then it reverts to the estate and will be distributed according to the Will. If no other provision has been made it will pass to the Residuary Legatee.

    If they are claiming any means-tested benefits then they may be treated by DWP has having received the inheritance and their benefits will be reduced to reflect deprivation of capital.

    If they do not respond to solicitor's letters then the solicitors will want to hold onto the funds in trust for the beneficiary unless it can be established that the beneficiary is no longer entitled to the estate.
    A kind word lasts a minute, a skelped erse is sair for a day.
    • London3344
    • By London3344 26th Jan 18, 4:52 PM
    • 7 Posts
    • 1 Thanks
    London3344
    • #3
    • 26th Jan 18, 4:52 PM
    • #3
    • 26th Jan 18, 4:52 PM
    There is no will so everything is intestacy rules.
    My parent is one of the two administrators and wont want to be dealing with the Solicitors for years if the money has to remain with them.
    • Ames
    • By Ames 26th Jan 18, 5:06 PM
    • 17,135 Posts
    • 30,117 Thanks
    Ames
    • #4
    • 26th Jan 18, 5:06 PM
    • #4
    • 26th Jan 18, 5:06 PM
    Being on a pension doesn't stop someone from being on disability benefits. It's possible that they wrongly think that benefit will be affected. It's also possible that they're on benefits which would be affected (housing benefit for instance).

    That's without getting into mental health reasons for not wanting the responsibility of a large sum of money.

    Could they be incapacitated and unable to reply?

    If relatives are in touch could they arrange an appointment with CAB to go through the implications on benefits and options for things like a discretionary trust to help them deal with whatever might be worrying them?
    Unless I say otherwise 'you' means the general you not you specifically.
    • London3344
    • By London3344 26th Jan 18, 9:51 PM
    • 7 Posts
    • 1 Thanks
    London3344
    • #5
    • 26th Jan 18, 9:51 PM
    • #5
    • 26th Jan 18, 9:51 PM
    Nobody has been in Touch with them for over 20 years. I think the letter has been sent to their Social services team as they almost certainly still have a caseworker.
    • Ames
    • By Ames 26th Jan 18, 10:14 PM
    • 17,135 Posts
    • 30,117 Thanks
    Ames
    • #6
    • 26th Jan 18, 10:14 PM
    • #6
    • 26th Jan 18, 10:14 PM
    Nobody has been in Touch with them for over 20 years. I think the letter has been sent to their Social services team as they almost certainly still have a caseworker.
    Originally posted by London3344
    Don't count on it. Social Services are incredibly stretched. You'd be surprised how ill someone can be and not have support. They'd pretty much have to be sectioned or at high risk of it.

    Do you even know if they're still alive?
    Unless I say otherwise 'you' means the general you not you specifically.
    • badmemory
    • By badmemory 27th Jan 18, 5:09 AM
    • 1,533 Posts
    • 1,960 Thanks
    badmemory
    • #7
    • 27th Jan 18, 5:09 AM
    • #7
    • 27th Jan 18, 5:09 AM
    Do they still live at the address you have? If they have changed area then that social services team will have no idea what is going on & it will be on a "yer what" pile. Could they now have dementia & actually be in an LA funded care home?

    And no unless they are dead & have no children their share can not be redistributed.
    • JIL
    • By JIL 27th Jan 18, 9:48 AM
    • 2,907 Posts
    • 19,736 Thanks
    JIL
    • #8
    • 27th Jan 18, 9:48 AM
    • #8
    • 27th Jan 18, 9:48 AM
    There's a letter forwarding service run by DWP.
    https://www.gov.uk/government/publications/pensions-and-insurance-tracing-and-letter-forwarding-service/bulk-letter-forwarding-service-detailed-guidance

    Could your solicitor use this?
    • Malthusian
    • By Malthusian 29th Jan 18, 2:19 PM
    • 3,907 Posts
    • 6,101 Thanks
    Malthusian
    • #9
    • 29th Jan 18, 2:19 PM
    • #9
    • 29th Jan 18, 2:19 PM
    Even if they do "reject the inheritance", it would be highly unwise to act on that instruction and distribute it to the other beneficiaries, as they may not have capacity to make that decision due to their mental health issues.

    Leave it to the solicitors to deal with. After everyone else's shares are distributed, the solicitor's costs will be deducted from the remaining beneficiary's share until they, or whoever looks after their finances, eventually decides to claim it.
    • London3344
    • By London3344 7th Feb 18, 2:43 PM
    • 7 Posts
    • 1 Thanks
    London3344
    The Local Authority have provided the solicitor with an address and they have written to him but no response. My family just don't wan't him getting hold of their addresses and trying to restore contact - nor have to continue having dealings with the solicitor until he dies if he wont accept his share.
    • Red-Squirrel
    • By Red-Squirrel 7th Feb 18, 3:27 PM
    • 2,529 Posts
    • 6,826 Thanks
    Red-Squirrel
    The Local Authority have provided the solicitor with an address and they have written to him but no response. My family just don't wan't him getting hold of their addresses and trying to restore contact - nor have to continue having dealings with the solicitor until he dies if he wont accept his share.
    Originally posted by London3344
    Yeah, it'd be so much easier if they could just keep the money themselves, that's what you're getting at, right?
    • London3344
    • By London3344 7th Feb 18, 4:13 PM
    • 7 Posts
    • 1 Thanks
    London3344
    No. They dont care if he claims the money and then contact can be ended but they dont want to have to deal regularly with a solictor holding the money.
    • surveyqueenuk
    • By surveyqueenuk 7th Feb 18, 5:42 PM
    • 559 Posts
    • 1,984 Thanks
    surveyqueenuk
    My family just don't wan't him getting hold of their addresses and trying to restore contact - nor have to continue having dealings with the solicitor until he dies if he wont accept his share.
    Originally posted by London3344
    Why? Not because he has mental health problems, surely?
    • London3344
    • By London3344 7th Feb 18, 6:19 PM
    • 7 Posts
    • 1 Thanks
    London3344
    Sadly yes - Through it is because he was very violent as a result of the mental illness I believe (I have no memories of him)
    • Morglin
    • By Morglin 8th Feb 18, 9:10 AM
    • 14,647 Posts
    • 26,952 Thanks
    Morglin
    The solicitor, I assume, hasn't got mental health difficulties?

    Let the legal system, and the solicitors deal with it - there is no reason why family members cannot deal with the relatives solicitor, via their own solicitor, and just make it clear that they dont wish the relative to have their contact details.

    Lin
    You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset.
    • London3344
    • By London3344 24th Feb 18, 6:12 PM
    • 7 Posts
    • 1 Thanks
    London3344
    No they haven't. They just hate him so much they dont want years of solicitor contact.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

906Posts Today

6,100Users online

Martin's Twitter