Effect of Disclaimer

I am dealing with an estate (very modest) where there is a gift of residue to A and B. Both are prevented from accepting such a gift due to their terms of employment in a care setting.

The Will makes provision that if either A or B die predecease then the gift is held on trust for ‘their family’.

I believe that a partial intestacy will arise, but the Will specifically excludes all three of the deceased’s children X, Y and Z and states ‘it is my intention that none of my children shall receive any part of my estate’.

In circumstances such as these, does anyone have any suggestion as to who the rightful beneficiaries should be?

(I should add that the Will was not prepared by this firm).

Many thanks
Damian Lines
Rubin Lewis O’Brien

My understanding is that the beneficiaries’ terms of employment do not
affect the validity of the gift to them, or the gift over to their
family. It is for them to decide if they wish to accept the gift and
take the consequences of the breach of their employment contract.

If there are allegations of undue influence though, this may undermine
the validity of the gift.

With regard to the children of the deceased, if there is a partial
intestacy they will take regardless of the stated intention that they
should not benefit, as that entitlement arises outside of the will.

Paul Saunders

I agree that the gifts are not invalidated simply because the recipient is not permitted to accept them. In the circumstances, would it be possible for the beneficiaries to do a DOV and redirect the gifts to a person or cause they feel the deceased would have approved of? For instance, if the carers are not allowed to benefit directly is there something like a community fund at the care home into which the money could be directed? That seems a better outcome than the children inheriting against their parent’s wishes.
Mrs J E Bennell
RLK SOLICITORS LTD

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