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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am the executor of a will deceased relative and have been

Resolved Question:

I am the executor of a will for a deceased relative and have been holding a small sum of money for the sole beneficiary of the estate until her 18th birthday. The mother of the beneficiary is hostile and did not want the child to accept this money. I have written to the child who is now 18 years old asking her to let me know if she will meet me to accept the money but so far there is no reply. I suspect that she will follow her mother's lead and refuse to accept the money or cooperate with me.
What can I do with the money if she will not accept it. Can I donate it to charity for example.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is involved?

Customer: replied 1 year ago.
163;3100.29
Customer: replied 1 year ago.
Sorry I meant £3029
Expert:  Clare replied 1 year ago.

Have you considered simply sending her a cheque?

Customer: replied 1 year ago.
I don't know if she is still living at home and that is the only address I have from 13 years ago. She could be at university for example. I suspect the mother would interfere and not forward any mail if she suspects it is from me.
Customer: replied 1 year ago.
Also if the cheque was not cashed what could I do with the money.
Customer: replied 1 year ago.
OK lets just deal with it online
Expert:  Clare replied 1 year ago.

Did the deceased have any children, are(or were) his or her parents alive at the time of his/her death ot are there brothers and sisters

Are you aware that a phone call costs more?

Customer: replied 1 year ago.
The deceased was an old lady whose immediate family consisted of a son and his two children , all estranged sadly. The sole beneficiary is the only great grandchild and she was the only family member the deceased wished to benefit from her estate.
Expert:  Clare replied 1 year ago.

is the son alive?

Customer: replied 1 year ago.
He is but now lives in Corfu, having left after persuading his mother to sell her home and give him the money.
Expert:  Clare replied 1 year ago.

Then I suggest that you use a tracing agency to ensure that you have the correct address for the beneficiary.

You then write a formal letter informing the young person that she is entitled to these funds and enclose a form for her to complete with her bank details.

Go on to say that if she does not accept and wishes to disclaim the inheritance then she needs to sign the short form that you also enclose ("I xxxx wish to discaim the inheritance I am due from xxxx)

Say that in the event that she does not take the money it will go to her Grand father and that if you do not hear from her within 28 days then you will assume that that is whay she wants

Make sure that this is personally served on her (the cost comes from the funds you hold)

If she does not reply then I am afraid that the money belongs to the Son in Corfu.

Please ask if you need further details

Customer: replied 1 year ago.
The deceased particularly asked me not to let the son benefit from her estate in any way. I would feel that I had betrayed her trust if he was to benefit.
Expert:  Clare replied 1 year ago.

Legally you have no choice - and the son could sue you personally for the money if he finds out about the situation after the disclaimer

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for the advice.
Expert:  Clare replied 1 year ago.

You are most welcome I hope all goes well