Uncooperative beneficiary

[stumpy]

Hello to everyone on here,

My dilemma is that my FIL died last March and had left a will.
3 beneficiaries. Estate to be split 40/40/20.
Problem is that the third beneficiary who lives in Spain will not supply correct identification, i.e. registered /certified address.
He point blankly refuses to deal with myself (executor) and Solicitors. Estate is ready to be wound up and inheritances disbursed.
What happen to the third beneficiaries inheritance if we cannot get him to supply relevant information?

Thanks for your replies in advance

[des8]

Re: Uncooperative beneficiary

Do you know of any specific reason for his non co-operation?
Is there the possibility he does not want his inheritance?
In which case perhaps he would renounce it and thus it could be distributed between the other beneficiaries.

If not, I would suggest a separate deposit account is opened in names of joint executors, for the benefit of the third beneficiary.

Your solicitor might like to explore the possibility that he has renounced his legacy by his actions.

[R0b]

Re: Uncooperative beneficiary

As I understand it, you have two options in order to fulfill your duty.

1. Make an application to the court under Part 64 for further directions
2. Payment into court


If you apply for further dircections this will of course come at an expense, which the beneficiary may feel is unnecessary where it is known what the court is likely to give directions on. Payment made into court can be done if you have acted reasonably. Given that the beneficiary is refusing to co-operate in providing required information, you should keep all correspondence as evidence in case the beneficiary brings a claim for unreasonableness.


You will have to show that you have acted reasonably and where the is no co-operation, payments into court would be seen as reasonable but you must also attempt to resolve the situation before doing so. This could be for example by stating that if they fail to co-operate then you will pay the beneficiaries payment into court.