Paying beneficiary with minimal to no contact
Paying beneficiary with minimal to no contact
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Nevinski

Original Poster:

30 posts

124 months

Tuesday 6th June 2023
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Maybe not the right place so feel free to shift.

My mother-in-law passed away last year without a will. My wife is sorting things out and is now in a position to distribute assets. She has a sister and a half-brother so everything needs split three ways which is fine.

However, she hasn't been in touch with the half brother for almost 20 years and, for very good reasons, has no desire to ever see him again. He doesn't know his mum has passed and has had no contact with his mum for the same period.

Does anyone have any experience, once we have found him, of how to give someone several grand of inheritance they are due without any real contact? Understandably my wife doesn't want to write him a cheque from her personal account and doesn't have his bank details to send him money.

All thoughts welcome.

dudleybloke

20,553 posts

208 months

Tuesday 6th June 2023
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A solicitor would be the ideal person in the middle to deal with this.

alscar

7,982 posts

235 months

Tuesday 6th June 2023
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Pay the half brother with a building society cheque.

Nevinski

Original Poster:

30 posts

124 months

Tuesday 6th June 2023
quotequote all
dudleybloke said:
A solicitor would be the ideal person in the middle to deal with this.
I am a solicitor, but not that sort. Maybe a small local solicitor could deal I suppose. I can ask the one down the road.

Nevinski

Original Poster:

30 posts

124 months

Tuesday 6th June 2023
quotequote all
alscar said:
Pay the half brother with a building society cheque.
Hmm, or a bank draft. Had forgotten about those.


GreatGranny

9,519 posts

248 months

Tuesday 6th June 2023
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What happens if you can't find him?

Is there a time limit after which the money is divided between the other benificeries?

Just curious.

martinbiz

3,636 posts

167 months

Tuesday 6th June 2023
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alscar said:
Pay the half brother with a building society cheque.
This, no need to start involving extra expense with solicitors and absolutely no need. Did very similar a few years ago as an executor, 2 minor beneficiaries involving small sums who had little or no contact for a good few years. Cheque was sent with a covering letter. Very easy when it’s just money, not so easy dealing with bequeathed possessions

Nevinski

Original Poster:

30 posts

124 months

Tuesday 6th June 2023
quotequote all
martinbiz said:
This, no need to start involving extra expense with solicitors and absolutely no need. Did very similar a few years ago as an executor, 2 minor beneficiaries involving small sums who had little or no contact for a good few years. Cheque was sent with a covering letter. Very easy when it’s just money, not so easy dealing with bequeathed possessions
Banker's draft sounds like the way forward.

I have found him already actually, just need to do a few extra checks.

martinbiz

3,636 posts

167 months

Tuesday 6th June 2023
quotequote all
Yes a draught or BS cheque is fine, just easier to keep track of a personal cheque to see if it’s been paid in

QBee

22,088 posts

166 months

Tuesday 6th June 2023
quotequote all
It needs to be some method of payment that could only be paid into the beneficiary's own bank account, otherwise the executor wouldn't be able to prove if challenged that she had discharged her duties correctly I would have thought,
But I am only an accountant, not even the wrong kind of solicitor smile

alscar

7,982 posts

235 months

Tuesday 6th June 2023
quotequote all
QBee said:
It needs to be some method of payment that could only be paid into the beneficiary's own bank account, otherwise the executor wouldn't be able to prove if challenged that she had discharged her duties correctly I would have thought,
But I am only an accountant, not even the wrong kind of solicitor smile
Hence the BS Cheque - they will give you a receipt so no issue with proving anything.

OutInTheShed

12,941 posts

48 months

Tuesday 6th June 2023
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Write to him asking for bank details so you can pay electronically.
If he decides to ignore you as a scammer....

pigface1000

80 posts

80 months

Wednesday 7th June 2023
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Does her sister speak to him, if so she can pass on the money.

grumpyscot

1,293 posts

214 months

Thursday 8th June 2023
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QBee said:
It needs to be some method of payment that could only be paid into the beneficiary's own bank account, otherwise the executor wouldn't be able to prove if challenged that she had discharged her duties correctly I would have thought,
smile
Totally agree with this. You may be asked in the future (e.g. Inland Revenue) to prove that the money was part of an inheritance - which to the beneficiary is tax free but if the recipient is on any form on income support............

Just keep a record - a photocopy of the bankers draft and the covering letter.

Origin Unknown

2,457 posts

191 months

Monday 12th June 2023
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In the case of a draft or BS cheque, do the funds need to be available for perpetuity? For one reason or another, the other side may not cash the cheque for a long time?

MustangGT

13,657 posts

302 months

Monday 12th June 2023
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Origin Unknown said:
In the case of a draft or BS cheque, do the funds need to be available for perpetuity? For one reason or another, the other side may not cash the cheque for a long time?
A cheque becomes 'stale-dated' after 6 months and a bank will usually refuse to cash it. Technically a cheque cannot expire though.

martinbiz

3,636 posts

167 months

Monday 12th June 2023
quotequote all
grumpyscot said:
You may be asked in the future (e.g. Inland Revenue) to prove that the money was part of an inheritance - which to the beneficiary is tax free but if the recipient is on any form on income support............

Just keep a record - a photocopy of the bankers draft and the covering letter.
He really won't, the executor's duties in the vast majority of wills are quite simple, I know mine were and it didn't include being a tax sleuth for HMRC, or chasing around making sure the beneficiaries have cashed their cheques and got their money. By all means keep the receipt from the bank for the draft and proof of posting if that was the method used and that really is the sum of it.