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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10248
Experience:  I have been practising for 30 years.
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I am the named executor in my Aunts Will. I have completed

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Dear Sir/Madam, I am the named executor in my Aunts Will. I have completed Probate and obtained sealed Letters of Administation. There are three benificeries to my Aunts estate, myself and two second cousins all God Children to my Aunt. The sums involved are not great, however one of the 2nd cousins has refused to accept his legacy. Unfortunately this information has been relayed to me by his Probation Officer, together with the demand that she does not contact him again about anything relating to his family. Immediate or otherwise.
I have researched the Internet and I understand that I can take a verbal refusal to accept a legacy as fact. His Probation Officer has indicated to me that she would be reluctant to put words of his refusal in writing, as she would have to contact him to confirm the wording etc etc. She feels this would put her in an untenable position.
My question is can I proceed to divide the refused part of the bequest between the other two benificeries, myself and my 2nd Cousin, without any other action?
Yours faithfully
D Delderfield

At the moment, all you have is the probation officer’s word for it.

You need it from the beneficiary, preferably in writing, you do need it from the beneficiary themselves. Is there any reason why you shouldn’t write with the disclaimer document asking for it to be signed and returned? You can say in the letter that if this is not returned signed, then you will have to make further attempts to contact which, based upon what you have said, he may not want. All he needs to do therefore is one signature and pop it back in the envelope in the post.

I think it would be very risky to distribute the disclaimed part of the estate unless you actually have it from the beneficiary in person

Can I clarify anything for you?

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We can still exchange emails. Best wishes.


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