What can happen when a beneficiary of a Will refuses their gift?

Sometimes, those who have been left a legacy in a Will, refuse to accept their gift. This can complicate matters and cause issues for the executor. However, Will writing solicitors in North Wales may note that a recent court case could provide some guidance on this issue.

A beneficiary of her grandmothers Will, Lucy Daniells, refused to engage in any aspect of probate and to accept her legacy. The probate solicitor involved, after attempting to make contact with Lucy eventually applied to the court to deal with this matter. The judge declared that a Benjamin Order was appropriate in this case, which meant that Lucy would not inherit due to her refusal and that the executor would not be liable in the future if Lucy sought to claim her inheritance at a later date.

The judge came to this conclusion because Lucy, even when a legal advisor visited her home, refused to acknowledge her part in the Will. She was also asked to provide in writing, her formal refusal to accept her legacy but she also failed to comply with this request. Wills solicitors can recognise that the Benjamin Order means that Lucy, in the future, could challenge those other beneficiaries who received her portion of their grandmothers estate if she changed her mind and decided she wanted to accept her gift.

Here at Bennett Smith Solicitors we can support you to ensure your Will is up to date and appropriate so contact us now to discuss further.