We are acting for lay administrators in distributing an intestate estate. One of the beneficiaries is in prison, and has requested that part of his money be paid to another family member, and only a limited amount paid into his prison account. By his own admission this is because he wants to continue to enjoy access to Legal Aid for the purposes of his appeal.
I feel we can and should reasonably refuse to comply with this request. However, would we be compromised in any way if we were to accept a disclaimer of the full amount? I seem to be in a minority amongst colleagues in thinking that we cannot force someone to take a gift against their will (assuming that the personal representative clients agree). I would be interested to hear other views.
Molesworths Bright Clegg