A 2025 court case may help to clarify a range of issues relating to the use of clauses when a beneficiary refuses a gift in somebody’s Will.
Generally, Will writing solicitors in North Wales ensure that testators include clauses in paperwork detailing what should happen to their goods if a beneficiary refuses a gift. However, there is often confusion about this matter. The case of White v Williams may help to clear some of this confusion
In this case, Mr. Williams, who died in 2023, had left a portion of his estate to his estranged son, Keith. The executor of the Will was Mr. White, who approached Keith as per the instructions of the Will. However, Keith decided that he did not want to accept his portion of the estate. This prompted the executor to seek advice from the courts when he submitted the Part 8 claim.
The case brought up interesting points about what happens to a portion of an estate if it has been disclaimed by someone named as a beneficiary in a Will. Often, a gift which has been refused is dealt with under intestacy rules, but the judge in this case ruled that the amount earmarked for Keith in the Will should be divided equally between the other beneficiaries.
Wills solicitors in North Wales may now be able to advise their clients that in cases such as these, the beneficiary refusing a gift should be treated as having died before the testator and their portion of the estate treated accordingly.
At Bennett Smith Solicitors, we provide up-to-date advice about Will making. Contact us now to book an appointment.
