UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law
This answer was rated:

My brother in law has by his non response over the last 7 years refused the remaining shar

e of his inheritance (he...
My brother in law has by his non response over the last 7 years refused the remaining shar e 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.
Show More
Show Less
Ask Your Own UK Law Question
Answered in 6 minutes by:
6/26/2013
Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22,624
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Verified


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?

Ask Your Own UK Law Question
Customer reply replied 4 years 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.



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
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.



I am offline shortly
until later and will pick this up then if needed.

Ask Your Own UK Law Question
Customer reply replied 4 years 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

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

Ask Your Own UK Law Question
Customer reply replied 4 years 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.



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
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22,624
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Verified
Stuart J and 87 other UK Law Specialists are ready to help you
Ask your own question now
Ask Stuart J Your Own Question
Stuart J
Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22,624
22,624 Satisfied Customers
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice

Stuart J is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,163 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,752 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

Stuart J

Stuart J

Solicitor

22,624 satisfied customers

PGD Law. 20 years legal profession, 6 as partner in High Street practice

Clare

Clare

Solicitor

9,479 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
I SOLD A BUSINESS IN APRIL 2008 OF WHICH I WAS A DIRECTOR
I SOLD A BUSINESS IN APRIL 2008 OF WHICH I WAS A DIRECTOR AND XXX A DIRECTOR. I WAS NOT AN ACTIVE PERSON IN THE BUSINESS DUE TO DISPUTES WITH MY BUSINESS PARTNER. WE SOLD FOR AN AMOUNT PLUS VAT. WHEN … read more
PTS Law Ltd
PTS Law Ltd
35 years experience English Solicit
1,198 satisfied customers
My late father passed away five yrs ago. On his death his
My late father passed away five yrs ago. On his death his will stated that his live in partner was intitiled to live in the property until she passed away she owned a 7.2% share of the property and th… read more
Aston Lawyer
Aston Lawyer
Head of Residential Property
LLB (HONS)
3,637 satisfied customers
Please can you help me? My grandmother has signed over her
Hello, please can you help me ? My grandmother has signed over her will to my uncle, and not to my father. My uncle said this is because my father is ill and also because my grandmother was going to l… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,626 satisfied customers
Jo My son has had his moped impounded by the police after he
Hi there Jo My son has had his moped impounded by the police after he agreed to let his friend sit on his bike and he claims to turn it round for him while my son put on his jacket etc. But the other … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,458 satisfied customers
I've got an issue with trying to retrieve some personal
Hi good morning I've got an issue with trying to retrieve some personal items many years after divorce … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,479 satisfied customers
I believe I have been impersonated, by phone, email and
I believe I have been impersonated, by phone, email and maybe signitures. this has been to government bodies, and may be other places. How do I prove this, and if I can prove it how do I deal with it.… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,458 satisfied customers
Max Lowry! Would you be so kind to confirm that You as
Dear Mr. Max Lowry ! Would you be so kind to confirm that You as Notary Office notarised Refund Recourse Letter issuing by International Brokers Limited today 14th of November 2017 … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,479 satisfied customers
I went to a meeting regarding a claim against timeshare
I went to a meeting regarding a claim against timeshare misold after accepting this “free” holiday.This was yesterday in Adelje I realised overnight that it is ascam and O have signed to pay an extre … read more
Jamie-Law
Jamie-Law
4,899 satisfied customers
This is important but can you verify if there is a
This is important but can you verify if there is a practicing lawyer named John Eric in London, England suppose to be an accredited lawyer for the bank of England and law firm ***** ***** & Associates… read more
Thomas
Thomas
Lawyer
Bachelor's Degree
2,176 satisfied customers
I have recently been to the family court and was advised to
I have recently been to the family court and was advised to sign a general form of undertaking to not allow my partners father to have unsupervised contact with my children. I was assured that this wa… read more
Clare
Clare
Solicitor
Bachelor's Degree
9,479 satisfied customers
I have worked with an American owned Company (UK based) from
I have worked with an American owned Company (UK based) from Jan2010. My job title was Telemarketing Executive. I was provided a basic salary (increased annually) a yearly incentive payment (paid in D… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
I have endured bullying and intimidating behaviour at work.
I have endured bullying and intimidating behaviour at work. I pointed this out to my Group Secretary and asked if she could move me which she did. However she did not inform the Secretarial Partner ab… read more
Expert
Expert
My father died intestate so my brother and me inherit
My father died intestate so my brother and me inherit everything equally , estate comes to approx £385000, £325000 of that being a property. What is our inheritance tax threshold? I'm confused , is it… read more
frantzgregory
frantzgregory
599 satisfied customers
I am in Southend Magistrates court on the 27th November for
Hello there I am in Southend Magistrates court on the 27th November for criminal damage for smashing my partners phone and assault and beating her … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,458 satisfied customers
Can bailiffs take my van and tools that I use to earn my
Good morning can bailiffs take my van and tools that I use to earn my living I get parking tickets trying to do my job They then clamp me and say they will take the van and sell it regards mel… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,458 satisfied customers
I'm on Tier 2 work permit with appropriate salary and I
Hi, I'm on Tier 2 work permit with appropriate salary and I would like to invite my family (mom & bro) to UK to spend Christmas holidays. I read I should accommodate them and need an approval letter f… read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
34 satisfied customers
We are looking at getting my husband added on pop his
We are looking at getting my husband added on pop his brother is current but arranged it without getting my husband on too. Which he made clear at start to be included, we think it's not good for just… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
1,988 satisfied customers
I took out a warranty agreement with a Satellite Firm
I took out a warranty agreement with a Satellite Firm "Satellites 4u " to cover my sky hd box etc for a term of 3years at a cost of £229 on the 16th August 2011[by telephone -their call]. I then reali… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,458 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x