If you’ve ever been named as an executor, you’ll know that dealing with paperwork and family dynamics can be challenging. But what happens if a beneficiary simply refuses to engage? The recent case of Lowe v Daniells gives some useful guidance.
The situation
In this case, the person who passed away left most of her estate to her granddaughter. The problem? Initially, the granddaughter wouldn’t respond to correspondence from the solicitors acting in the administration of the estate and later, when she did, she said that she did not want anything to do with the administration of the estate and did not believe there was anything in the estate for her, despite its value being around £200,000.
The granddaughter refused to sign a disclaimer, a formal refusal of the inheritance, and this left the personal representative in a difficult position: what was the correct way for the estate to be distributed? If the personal representative got this wrong, then they faced personal liability…
What the court said
The personal representative of the estate sought directions from the court and asked for a declaration that the granddaughter had disclaimed her inheritance, such that the estate could be distributed in line with the substitutional provisions in the Will.
The judge ruled that he could not determine whether the granddaughter had disclaimed her inheritance. However, the court issued a Benjamin Order, allowing the estate to be administered and distributed as if she had, while also protecting the personal representative from potential claims from her in the future.
Why this matters to you
If you’re an executor and a beneficiary won’t respond:
- Don’t panic. You have options.
- Keep records of all attempts to contact them.
- Get legal advice early. A court order can protect you from personal risk.
If you’re a beneficiary, ignoring letters doesn’t make the problem go away. It can lead to delays and extra costs for everyone.
For assistance with estate administration, please contact me.
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