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Beneficiary refuses to cash cheque

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  • Beneficiary refuses to cash cheque

    We are trustees for my mother in law who died nearly two years ago now. Their were five residuary beneficiaries who have all received cheques for the residuary estate and four have cashed them. However one beneficiary will not cash the cheque (which is now probably unusable). It is obvious that they do not want the money to appear in their bank account. They are buying their council house on the 'Right to Buy' scheme, and have asked if the money can be transferred to the solicitor in a client account. Is it legal for us to do that?
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  • #2
    I cannot see why not.

    But they will still have to declare this as an asset.

    And a solicitor should not provide a service for a client of simply holding money, but that is not your problem.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thank you. The solicitor is doing the conveyancing. I am pretty sure why they don't want this to appear in their bank account, but I have no proof and I don't want any.

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      • #4
        If I were in your position I'd simply take the view that I'll pay the legacy into whatever account the beneficiary instructs and keep any speculation about why the beneficiary might want that firmly to myself and unsaid. I definitely wouldn't ask why, better not to know. Insist on the beneficiary giving you the instruction in writing.
        Last edited by PallasAthena; 29th June 2024, 15:59:PM.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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