Would you please let me have your views on the following issue:
Pecuniary legatee left £5k under a Will. Legatee cannot/will not accept the money by cheque or bank transfer as he claims he has no bank account.
- Pay the money to his mother to hold for him as bare trustee (with a suitably worded receipt), or
- Require that he enters into a Deed of Variation and give the money on to his mother (if she then wants to give it to him in cash that is up to her), or
- Ask him to disclaim, as he is unable to accept the gift (but I suspect he won’t agree to that).
I had initially refused to pay the money to his mother as I was concerned that it may be a benefits fraud but he hasn’t told me this and I guess I cannot assume he is out to defraud the taxpayer (although it is odd that a min in his 50s doesn’t have a bank account). He has no capacity issues.
As ever, your thoughts would be most appreciated.