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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20066
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My brother in law has by his non response over the last 7 years refused the remaining shar

Resolved Question:

My brother in law has by his non response over the last 7 years refused the remaining share of his inheritance (he took the main lump sum, refusing the 10k left to claim). Can the monies be served on him directly? I am reluctant to give to charity or share between other trustees as I feel his anomosity towards family members will mean he comes back later for it if we do so.
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.


Hello, I am Law Denning and I am a practising solicitor in a High
Street 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 questions
from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other
users, I might not always respond in
minutes
, particularly evenings and weekends. Please bear with me in that
case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Do you have a specific question?

Customer: replied 1 year ago.


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.

Expert:  Stuart J replied 1 year ago.



You cannot distribute the money between everyone else unless
he formally disclaims it.

If you know his bank account details which you can get from
a cheque or credit card etc, you can simply put it straight into his bank
account.



If you go into his bank, the bank may let you deposit the
money into the account if they can find the number, without giving the number
to you. They might start shouting data protection act you but that is not data
protection issue. It might be worth a try.



The correct way of dealing with this is for him to sign a
deed of variation of the will whereby he disclaims request. The solicitor
should write to him in those terms enclosing the document and asking him to
sign 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.

 

Does that answer the question?



Can I help further? I am happy to answer any specific questions.



Please don't forget to
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I am offline shortly
until later and will pick this up then if needed.

Customer: replied 1 year ago.


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

Expert:  Stuart J replied 1 year ago.

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

Customer: replied 1 year ago.


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.

Expert:  Stuart J replied 1 year ago.


At this stage in time, I
would 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 not
have a wife or partner because they may not be aware of this substantial amount
of money and provided the executors agree, the solicitor could always write to
the partner asking for the cheque to be given to Mr ABC.



Partners are very often
persuasive in getting people to accept family bequests that "on principle" they
will not take.



Ultimately, you can make a
court application for him to either accept the money or disclaim it and the
costs of the application would come out of the bequest.



Whether it is worth doing of
course depends on the amount of the bequest



Does that answer the
question?



Can I help further? I am
happy to answer any specific questions.



Please
don'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 0
for my time L. It is
imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20066
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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