Thank you. I have advised the executor verbally and in an email. I want to know if there is a requirement for me to do more than this. The executor has not asked me for anything following my communication. Is there a solicitor on this forum or someone with knowledge of disclaiming who could advise me what process they would use? Thanks.No, my advice is to go back to the executor, who needs to keep track of the estate for eventual distribution.
Would require discussions with all the beneficiaries, which the OP wants to avoid:what you want is a Deed of Family Arrangement
don't want to get drawn into legal proceedings or discussions about the will and dividing the estate up with the family
This could have CAT implications. The "re-gift" from you in favour of another party would be regarded as a disposition by you.ay, if I'm bequeathed a legacy that's under the applicable threshold for me, but I disclaim it by deed (or otherwise) in favour of another party. Is it regarded as a disposition by me to the third party
I don’t think that’s right. The disclaiming person never takes the asset and so doesn’t dispose of it.You simply inform the Executor that you are disclaiming. It is up to the Executor to send you any necessary Disclaimer documentation. However, you might not be doing your relative living in the house any favours, as if the will states that any residual should go to certain beneficiaries, then those beneficiaries would receive your share of the house.
This could have CAT implications. The "re-gift" from you in favour of another party would be regarded as a disposition by you.
Jim Stafford
It was perfectly correct in the context it was posted.I don’t think that’s right
You intimated that the person disclaiming would be treated as disposing of an asset. But that’s not correct. Yes you are correct. You can’t disclaim in favour of someone. That’s because you never take the asset to control in that way.It was perfectly correct in the context it was posted.
You can't 'disclaim' in favour of a specific party.
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