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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I am the next of kin and the only beneficiary of my relative

Customer Question

I am the next of kin and the only beneficiary of my relative (who is dead already). However, I would like to remove my status as the beneficiary of his inheritance. What are the procedures and forms I have to fill in?

David
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years 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 thousand's 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.


-Could you explain your situation a little more?
Customer: replied 3 years ago.

I have a client, the Next of Kin of a death. He already get the Royal Court of Justice's certificate to prove that he is the Next of Kin and can be the benificiary of the inheritance.


 


The person was dead a few years ago and his assets will be taken be Government soon this year.


 


However, my client doesn't want to receive the death's assets anymore due to personal reason. He would like to cancel his status as beneficiary.


 


May I know the procedure and forms he has to fill in?


 


Please kindly advice.

Expert:  Stuart J replied 3 years ago.

Client? What is your interest in this? Why does he not want to receive the dead person’s assets any more? Is it because he will affect any benefits he receives? I need the background please as to why he wants to do this. The process is relatively simple but it would be negligent not to advise fully on whether, even if he does it, it is effective and whether it is going to cause any problems for him. When did the person die? Where are the assets now? Please explain your comment “his assets will be taken be government soon this year”, I haven’t got a clue what you mean by that.

Has probate been granted?

Is this all in UK?

Who applied for probate?

Is there a will?

Please bear with me today because I will be online and off-line all day.

Customer: replied 3 years ago.

I have no interest in this. I am just an insurance broker and one of my client asked me this.


 


He doesnt want to receive because it is not morally right as he wasn't in a good relationship with the death.


 


The assets are pure money with a UK local bank.


 


The person (British Citizen) died in a car accident few years ago (with the whole family) and the bank couldn't find any beneficiary until they found my client who is based in Hong Kong.


 


The Bank notified my client few weeks ago that the assets will be taken away by UK government as during the past years, nobody claimed to be the beneficiary.


 


My client simply doesn't want to be the beneficiary anymore.


 


Please advise. thanks

Customer: replied 3 years ago.

Has probate been granted? NO probate has been granted. As the death died without making a will.


 


Is this all in UK? Yes, all in UK.


 


Who applied for probate? Nil.


 


Is there a will? No will.

Expert:  Stuart J replied 3 years ago.

Unless there is any tax implication, your client simply refuses to accept the money.
If he wants to do it formally, the executors of the estate should send a deed of variation which he then signs and then puts his bequest back into residue.
If you refer the matter to a firm such as Hoopers, rather than the government get the money, they will do an in-depth search (it is what they do) for any other beneficiaries (going back hundreds of years) and they will deal with drafting this deed at no cost as part of their overall process..
http://www.hoopers.co.uk/
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Customer: replied 3 years ago.

there is no Estate involved in the whole case. Only cash in the bank account. so, there is no executor. (Please note the death died without making a will)


 


Can my client submit the form by himself? If yes, to which party? Royal Court of Justice?

Expert:  Stuart J replied 3 years ago.
Someone must actually be dealing with the administration of this the estate. Who is dealing with that? Is it the Treasury solicitor? In which case, ask the Treasury solicitor for a deed of variation in which the beneficiary renounces the inheritance.

As I said, I would simply refer the whole matter to Hooper’s and let them deal with it but for some reason you seem reluctant to do that.

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