# One beneficiary not engaging with executor.



## STEINER (21 Oct 2014)

Probate was completed a few months ago and one of the beneficiaries is not engaging with the executor regarding their inheritance, ie whether to accept or disclaim their share.  There is no malice involved, unfortunately the beneficiary suffers from depression, can't face things and is unlikely to attend to this matter in the short-term, even though the tax deadline is near.

Can the other beneficiaries receive their inheritances from the cash balances?

Any suggestions?


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## SlurrySlump (22 Oct 2014)

I don't understand why the beneficiaries cannot receive their full or interim payments separately. It will be up to each individual to make their return by the 31st October. I would suggest that you make the distribution so that each can pay their tax out of the cash balance. Unfortunately the beneficiary who cannot deal with his return may have to pay penalties etc


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## STEINER (23 Oct 2014)

SlurrySlump said:


> I don't understand why the beneficiaries cannot receive their full or interim payments separately. It will be up to each individual to make their return by the 31st October.



My own willed share is within the Group B €30k threshold and I don't/won't have a CAT liability.  However, if the other beneficiary was to disclaim, I would have a substantial liability, be late in making a return and end up paying a needless surcharge, which is what is annoying me.


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## dereko1969 (23 Oct 2014)

Surely the default position is to give them what was bequeathed in the will ie the wishes of the testator?

I wouldn't have thought it was "normal" to check if someone wanted to accept or renounce.


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## STEINER (23 Oct 2014)

dereko1969 said:


> Surely the default position is to give them what was bequeathed in the will?
> 
> I wouldn't have thought it was "normal" to check if someone wanted to accept or renounce.



I was told by the solicitor that until X gets back to him, nothing will be distributed.  I think like you, I was left say 25k, probate is done, solicitor has the money in the client account, why can I not get the €25k that deceased wanted me to have?


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## Steven Barrett (23 Oct 2014)

Did the solicitor get everyone's PPS numbers?


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## delgirl (24 Oct 2014)

STEINER said:


> Probate was completed a few months ago and one of the beneficiaries is not engaging with the executor regarding their inheritance, ie whether to accept or disclaim their share.  There is no malice involved, *unfortunately the beneficiary suffers from depression, can't face things* and is unlikely to attend to this matter in the short-term, even though the tax deadline is near.  Can the other beneficiaries receive their inheritances from the cash balances?


The beneficiary may not be capable of communicating their needs due to the depression, but would almost certainly benefit from the inheritance.

Would it not be possible to obtain this person's bank details and have the solicitor transfer the funds directly into their account while issuing a letter informing them of same?

When my parents' estate was disbursed, each beneficiary received a cheque in the mail or a transfer directly into their account.  I was the executrix and none of the other beneficiaries engaged with the solicitor.  I just provided either their bank details for transfer and their addresses if the funds were to be sent by mail.  I didn't need any proof or confirmation as to whether they would accept or refuse the inheritance.

I don't understand why your solicitor can't to it this way as there doesn't appear to be a huge amount of money involved.


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## T McGibney (24 Oct 2014)

STEINER said:


> My own willed share is within the Group B €30k threshold and I don't/won't have a CAT liability.  *However, if the other beneficiary was to disclaim, I would have a substantial liability, be late in making a return and end up paying a needless surcharge*, which is what is annoying me.



Really? I don't think that's the case. The amount of your eventual inheritance hasn't been determined yet, so how can your CAT return be late?


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## STEINER (27 Oct 2014)

Thanks for all the replies.

Yes, all PPS numbers were supplied.

I see the point now about if a disclaim hasn't happened as yet, then I am not yet liable or late. 

On looking at this more closely, probate was completed later than I thought, very early September 2014 which presumably means a valuation date after 31st August 2014 and the relevant filing and/or paying date is 31st October 2015.

http://www.citizensinformation.ie/en/money_and_tax/tax/capital_taxes/capital_acquisitions_tax.html


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## legal33 (30 Oct 2014)

I thought a disclaimer of inheritance had to be done before probate is completed. Maybe I am wrong.

How was probate form CA24 even completed without the beneficiary advising on any previous gifts?


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## STEINER (30 Oct 2014)

legal33 said:


> I thought a disclaimer of inheritance had to be done before probate is completed. Maybe I am wrong.
> 
> How was probate form CA24 even completed without the beneficiary advising on any previous gifts?



I have little or no legal knowledge, but doesn't a grant of probate just authorise the executor to proceed with distribution in accordance with the will ie the grant of probate certifies that the will is valid.

Grant of probate gives the green light and then it is up to a beneficiary to disclaim a benefit.


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## legal33 (30 Oct 2014)

I also have little legal knowledge. I would say that you are correct in your first sentence and the first half of the second sentence up to 'green light'.

From Form CA24 you will see that under the beneficiary details section, it requires the beneficiaries to detail prior gifts/inheritances. Some beneficiaries choose to disclaim rather than complete this section because they have not declared previous gifts.

This is why I thought the disclaimer from a beneficiary had to be lodged with form CA24 to the probate office. 

You could easily be correct that it is not too late to disclaim after probate is done and before the beneficiary receives the cheque / benefit.


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## STEINER (18 Dec 2014)

My side of this has now been resolved, thanks for your comments.


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