Incapacitated Beneficiary

Trusts Discussion
1

We are administering the UK estate where the chap died intestate. There are three children inheriting, one of them lacks capacity. He receives state benefits and doesn’t have a bank account.

The deceased had property in India which passes to the three children under the Hindu Succession Act. When the property in India has been liquidated and funds may be distributed to the three children, would the Indian law firm dealing with that be able to pay the funds into the UK Court Funds Office for the incapacitated child? If that isn’t an option, would it be necessary for someone to be appointed a deputy for financial matters for the beneficiary in order to receive the funds?

Samir Hussain
Gregsons

2

I believe it would be appropriate for an application to be made for the appointment of a deputy over the child’s financial affairs.

I understand that an application to pay the monies into court would require the applicant to make a good case as to why they cannot be paid to the beneficiary, and the lack of a CoP deputy is unlikely to be seen as a sufficient reason.

Consideration might be given to waiting until it is known when monies might be remitted before making the application for the appointment of a deputy.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals