Hello, I am Law Denning and I am a practising solicitor in a HighStreet practice. I have been an expert on this website in UK law since 2008.During that time, as you appreciate, I have answered thousands of questionsfrom satisfied users on a variety of subjects.
Because we are all in practice with clients and court and otherusers, I might not always respond inminutes, particularly evenings and weekends. Please bear with me in thatcaseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
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I would like to know if monies can be served on the beneficiary or if there is a way of untying ourselves from the responsibility of holding the money - eg is there anywhere we can refer the estate now so that my brother in law makes contact with a third party if he ever wants to claim it in the future? We do not feel we want to hold the monies ourselves due to his insistence he wishes no contact from the family. He has not responded to any correspondence with regards XXXXX XXXXX the monies to charity or claim himself.
You cannot distribute the money between everyone else unlesshe formally disclaims it.
If you know his bank account details which you can get froma cheque or credit card etc, you can simply put it straight into his bankaccount.
If you go into his bank, the bank may let you deposit themoney into the account if they can find the number, without giving the numberto you. They might start shouting data protection act you but that is not dataprotection issue. It might be worth a try.
The correct way of dealing with this is for him to sign adeed of variation of the will whereby he disclaims request. The solicitorshould write to him in those terms enclosing the document and asking him tosign it to say that he does not want the money
The solicitor can tell him that if he doesn’t want any further contact from the solicitor or anyone else, or needs to do is sign the document and return it and he will never hear from anyone ever again.
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I am offline shortlyuntil later and will pick this up then if needed.
Thanks and no we want to untie our responsibilities rather than having the monies ourselves. The solicitor hasn't advised whether a deed of variation has been sent in the correspondence to him so we will check this. If he refuses to sign this also (as he has refused to respond so far) will there be any other way we can undo our responsibility/leave with a third part to administer? We do not have bank details as he wanted the original monies by cheque. Thank you for your help
Have you ever sent him a cheque?
Does he have wife/partner?
Do they know this situation?
It might seem an odd question but I have an idea which sometimes works
Hi, no we have never personally sent him a cheque as he estranged himself adamantly from contact with family many years ago. He is not married as far as we can know however we do know he is a Dr at a hospital in the North East of England and is registered with the General Medical Council.
At this stage in time, Iwould have sent him a cheque and see whether he presents it.
Send in plain envelope with stamp on, handwritten, or franked but not with solicitors logo. More chance of it being opened.
It is a pity that he does nothave a wife or partner because they may not be aware of this substantial amountof money and provided the executors agree, the solicitor could always write tothe partner asking for the cheque to be given to Mr ABC.
Partners are very oftenpersuasive in getting people to accept family bequests that "on principle" theywill not take.
Ultimately, you can make acourt application for him to either accept the money or disclaim it and thecosts of the application would come out of the bequest.
Whether it is worth doing ofcourse depends on the amount of the bequest
Does that answer thequestion?
Can I help further? I amhappy to answer any specific questions.
Pleasedon't forget to positively rate my answer J service(even if it was not what you wanted to hear). If you don't rate it positively, then the site keep your deposit and I get 0for my time L. It isimperative that you give my answer a positive rating. It doesn't give me, "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little,please ask.
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