renouncing benifits of a small estate

[SCANNERS]

Hi All, I am the administrator [sole] of my mothers estate, I have two brothers, and one sister. The estate in total is small and uncomplicated. One brother and my sister agree and are in support of what and how I am conducting the process. I have been away from my family in another city for 40yrs. My mam wasnt my favorate person during the last 40 years One brother who isnt a very nice person has become hostile and vile. [i will call him B]. The issue started when B was advised that desecrating a grave [long story] wasnt nice. The whole family told him this. B then sent the whole family a `text` telling everyone to die,remove him from their lives totally etc. So we did. The text did say, I dont want anything from the estate. A few months later I received a letter before action [LBA]. Completely in the wrong context [it was a business template type]. A few days later another vile and abhorrent text came to all family members.Clearly staing he was finished with us all forever and stated once again he does not want anything from the state. I confirmed is renunciation to him in a letter. Three days later after further vile texts he has threatened a civil court case [he hasnt stated what for] I am assuming he wants his benefits now. Q. Are his texts stating he does not want anything legally binding? Q. Is my letter in reply to his vile text and renunciation legally binding? Q Can he take civil action against me? At NO time have I ever said he cannot have what he was/is legally entitled to from the state.. From what I can make out and from advice from my other siblings is this. He thinks because I wasnt best friends with my mam I should not be dealing with this issue [she told them all it will be me before she passed away and at the time, B agreed that he agreed with her wishes as did the other two]B thinks mam should have put him in charge, he thinks I am keeping more than my fair share, B thinks because I am financially stable [he isnt] I should give it all [benefits] to him and my other siblings [who say share it]. Q Can he change his mind now I acknowledged his renouncement in his horrid vile texts?.Any and all advice would be greatly appreciated Kind Regard s All,

[Amethyst]

TBH it sounds like he might need some help. Was he particularly close to your mam ?

You don't say specifically but did your mam pass intestate or did she make a will ?

Are you in England/Wales or elsewhere ?

Are his letters/claim threats asking for something specific ?
Personally I would abide by the will or intestacy rules ( any change would require all beneficiaries to agree and sign a deed of variation and for all his yelling it doesn't sound like he would agree to that ) then if he doesn't want his share he can give it to charity, and if he won't accept it at all I would just put it aside safely for when / if he gets his head together.

[SCANNERS]

Hi,thank you for your prompt reply. She died intestate.Its England only. He is not asking for anything. He stated he does not want anything. He is a vile person in general [not just my words]. He is upset with the whole world and always has been. He has never worked, never payed tax or NI, he is a thief, he takes drugs, he beats is girlfriend, he has major problems with his 4 children all above 30 yrs old. He believes that every one is out to get him. Not a nice chap. He dont think he will ever get his life in order he is 54 and as far as we can all tell his behaviour is not sorrow or grief, it pure hate,I am 57. and we are poles apart I Served for 30 years in the Royal Marines, left a few years ago. Very happy as a civilian. [irrelevant i know,lol]. My main question is. Am I acting illegally in any way doing what he said [I dont want anything via his vile text].Thank you

[Amethyst]

Oh dear, he sounds lovely.

It would be a variation so to cover yourself by distributing the estate contrary to equal shares between the four of you ( presumably change to equal shares between the 3 of you) will require a deed of variation. Otherwise he could just disclaim the inheritance- to cover you this would preferably be in writing and signed ( and if at all possible independently witnessed ) something like the below... I am a bit confused what civil court action he is threatening or in what context ? He doesn't want the inheritance and you'd said 'ok then' ... so not sure what he wants to take you/the estate to court for.
Anyway you could send him a form to fill in, be careful the covering letter isn't (or could ever possibly be perceived as) at all coercive/threatening etc - something like ' Further to your previous communication please find enclosed a form for you to complete according to your wishes . If you do want to disclaim your inheritance from our Mother and return to me at the above address before xxxxx when it is expected the estate will be finalised' - He either does it or he doesn't, if he does, distribute between the 3 of you, if he doesn't then send him a cheque and it's up to him what he does. With his erratic behaviour I think if you rely on just the text and your letter to him ( which was followed by whatever the threat of a civil claim was for ) you might have problems along the line if (when) he changes his mind and denies his intention was to disclaim.

This just an example. Have a look around - theres a few templates about the place.

Renunciation of Inheritance

TO: XXXXX XXXXX Full Name of Deceased

The undersigned renounces any and all right, title or interest in and to any gift, inheritance, bequest or other property or assets of the Estate of __________________ ("Estate").

The undersigned acknowledges that the executors of the Estate will rely on this Renunciation of Inheritance in distributing the property and assets of the Estate.

This Renunciation of Inheritance shall be binding upon the undersigned, and his or her heirs, executors, legal representatives and assigns.


_________________________
Renouncer

Date:

_________________________
Witness

Peridot des8

[des8]

agree Amethyst make sure you are covered and secured from a further change of mind

[SCANNERS]

Oh dear, he sounds lovely.

It would be a variation so to cover yourself by distributing the estate contrary to equal shares between the four of you ( presumably change to equal shares between the 3 of you) will require a deed of variation. Otherwise he could just disclaim the inheritance- to cover you this would preferably be in writing and signed ( and if at all possible independently witnessed ) something like the below... I am a bit confused what civil court action he is threatening or in what context ? He doesn't want the inheritance and you'd said 'ok then' ... so not sure what he wants to take you/the estate to court for.
Anyway you could send him a form to fill in, be careful the covering letter isn't (or could ever possibly be perceived as) at all coercive/threatening etc - something like ' Further to your previous communication please find enclosed a form for you to complete according to your wishes . If you do want to disclaim your inheritance from our Mother and return to me at the above address before xxxxx when it is expected the estate will be finalised' - He either does it or he doesn't, if he does, distribute between the 3 of you, if he doesn't then send him a cheque and it's up to him what he does. With his erratic behaviour I think if you rely on just the text and your letter to him ( which was followed by whatever the threat of a civil claim was for ) you might have problems along the line if (when) he changes his mind and denies his intention was to disclaim.

This just an example. Have a look around - theres a few templates about the place.


Peridot des8

Thank you very much for your informative reply....blimey why are some people so troublesome. Have a nice day,Scanner..

[Amethyst]

agree Amethyst make sure you are covered and secured from a further change of mind

Thanks Des xx