A beneficiary has confirmed verbally by telephone that he does not wish to receive a gift left to him in the Will of a former partner. He has been asked to sign a Deed of Disclaimer on several occasions but has not done so and now will not answer telephone calls or correspondence. The Partners of the Firm are the executors. Is insurance the only option to provide protection? Any help would be appreciated because we are no ready to distribute the estate.
The case law suggests the gift can be refused by “some mode or other”, this would include conduct. (Townson v Tickell)
I’d suggest a letter by recorded delivery stating after 14 days the gift shall be forfeited. Or send a cheque under same principal.