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Beneficiary refusing Inheritance

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  • Beneficiary refusing Inheritance

    Hello all, I'm on here on behalf of my wife who's at her wits' end, so I'll give the background and current concern in the hope that we can finally address this matter.

    My wife's father passed away in Jan this year (2021) and left a will naming my wife and her sister as joint/equal beneficiaries and joint executors. From the outset, the sister has been abusive and uncooperative in the process of probate which my wife conducted herself, the estate being relatively modest and straightforward. Despite the lack of cooperation the probate process is now complete and the accounts have been drawn up to detail all financial movements and the sale of the family home. Today my wife tried to transfer 50% of the balance to her sister's account, but was provided with the account details for her sister's ex-husband and she refused to provide one in her sole or joint name. My wife was at the bank at the time seeking to make a CHAPS transfer and the manager was subjected to a tirade of swearing and abuse over the loudspeaker of my wife's phone. I should explain that the sister is a long-term benefits claimant, a single mother of three (divorced) and has made it apparent that she is deeply concerned about the change to her life that the inheritance will bring. She does not handle responsibility well in my view. I believe from another thread I've seen here that my wife is now able to take her share of the estate as the accounts are complete and do not require signed approval, but we are concerned about the other half. The bank manager refused to pay the half share due to the sister into anything other than a account in the sister's name and has suggested that this half be lodged in a new savings account until the sister decides what she wants to do.

    My concern is that my wife has done all the work, she and I have raised all of the appropriate accounts for examination if required, but are unable to meet the terms of the will for distribution. If the money is not claimed, it remains in a bank account in my wife's name although by virtue of the will it's not hers; this makes us both very uncomfortable. We have heard suspicions from other family members that the sister might be seeking to defraud the DWP by hiding the inheritance, given that the amount due will certainly have a significant impact in regard to her qualification for means-tested benefits.

    I've read about disclaimers and deeds of variation, but the sister hasn't engaged at any stage of the process and seems to be hoping that the issue will just go away if she doesn't receive the money. Any and all attempts at civil, meaningful communication have failed.

    Any advice on this issue and suggestions as to how to properly meet the executor role in distributing the estate would be very welcome.

    Keep safe all and thank you.
    Tags: None

  • #2


    I'm not sure what authority the bank manager has to refuse an instruction from an account holder to transfer money to another's account.
    If there is written authority from the beneficiary the money can be transferred to any account the beneficiary nominates.
    It is her money, and suspicions of possible defrauding DWP are not sufficient to not do so. It is her money, and possibly she has no bank account, or owes her ex money.

    However if that can't be done for whatever reason, your wife needs to write to her sister and tell her that if she doesn't cooperate your wife is left with two options, either of which will eat into her legacy.
    Your wife can either apply to the court for directions as per CPR 64 or pay the money into court, but before actually doing that I would suggest your wife seeks legal advice. If either of those actions is deemed unreasonable costs could devolve on to her.

    Your wife retaining the legacy in an account in her own name is not a sensible idea.
    The bank manager suggests a separate savings account..in whose name?
    Are the estate monies currently held in a designated executors account?

    Comment


    • #3
      Thanks for the response, though I'm surprised that any nominated account can be used, but that's why I'm here...to be educated. As to your last point, the account was opened as an Executor's acct, but the sister had refused to sign all and any paperwork at the time it was opened, so it was only ever in my wife's name. The estate monies have been split between what was the original executor'a acct and the savings acct suggested by the manager. Both are in my wife's name.

      The sister did have a bank account and my wife made a small test transfer through online banking to check validity and accuracy of details. By the time she got to the bank to make the CHAPS transfer that account wouldn't show as valid on the CHAPS system, we don't know why this would be. System error?

      Thanks for confirming that maintaining the account with the sister's share as unwise, we will move fwd with your suggestions, most likely moving the monies to the ex's account so we can be done with the matter.

      Any follow up thoughts also appreciated.

      Thanks for taking the time.

      Comment


      • #4
        Just make sure your wife has written confirmation that her sister wants her share paid to the ex, and keep all records.
        Executor's liability lasts a lifetime.

        A letter on these lines signed by sister will be sufficient:

        "No bank account to receive a payment.
        Payment to the account specified is settlement of the claim / entitlement.
        (Name) the account holder is my (brother/sister/friend etc)
        I will make my own private arrangements to recover the sum from (name)"

        On the other hand a cheque could be sent to her sister at her sister's address (First class post and free certificate of posting)

        Or if sister will accept it pay cash and obtain receipt

        Or finally postal orders (altho' fees @ £12.50 for £250 might be a bit high!)

        Comment


        • #5
          Great advice, thank you so much.

          Comment

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