Non Cooperative Beneficiries

Trusts Discussion
1

I have a matter in which there are professional executors and one residuary beneficiary, the estate is relatively small and consists of cash only. The beneficiary has failed to respond to any correspondence. An agent was instructed to attend the beneficiary’s property and the agent confirmed that the beneficiary still resided at the property and was receiving correspondence but was not responding. Should the beneficiary continue to not respond are there any options available to the executors other than to pay the residuary estate into court?

Many thanks

Richard Allin
Brewer Harding and Rowe

2

I suggest the agent knock on the door. They can then both confirm the identity of the individual believed to be the beneficiary and seek to understand why they have not responded. If the person believed to be the beneficiary refuses to speak with them, or impliedly disclaims the bequest, this might help inform the way forward.

In any event, I suspect the court would require more detailed enquiries than those already referred to before authorising a payment in to court (which is generally seen as an action of last resort).

Paul Saunders