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Paying a person who is not a beneficiary in a will?

Paying a person who is not a beneficiary in a will?

Postby Thomas&22 » Fri Dec 09, 2016 1:42 pm

There are several beneficiaries in a will. One of which is a disabled person suffering both physical and mental incapacity. The disabled woman does not have her own bank account. She lives with and is cared for by her sister and her sister is the appointed individual to claim her disability benefits.

The sister does not have power of attorney or a protection order from the court. They have never found the need apparently. The sister has asked that the disabled persons portion of the estate is made payable to her. The other beneficiaries are all fine with this.

If the Executor does pay the money to someone other than the named beneficiary what are the implications for the Executor. What can he do to protect himself? The named beneficiary is not capable of signing anything to confirm this is acceptable. The Executor is one of the beneficiaries. The amount to be paid is greater than £10000.

Thank you.
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Re: Paying a person who is not a beneficiary in a will?

Postby miner » Fri Dec 09, 2016 3:23 pm

Make no mistake, the responsibility of an Executor is to execute the Will, i.e. to act upon exactly what the testator decreed in his/her Will.

I am sure that even a person lacking mental capacity is entitled to have a bank account opened for him/her. Is the mental incapacity recorded as such by a medical practitioner, or does the person have "lucid moments"? If not, then without a Lasting/Enduring Power of Attorney, the sister has no legal authority to act in respect of the Incapacitated person's finances. What is her life expectancy?

The position which should be avoided if at all possible is having the Court of (so-called) Protection gain access to those funds, as those crooks there will simply MILK them via their fees and charges.
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Re: Paying a person who is not a beneficiary in a will?

Postby dls » Sat Dec 10, 2016 7:04 am

As miner says there are ways to do this properly, and the way proposed does not sound to be one of them. The facts can make all the difference, but the approach is fundamentally incorrect.

If the executor gets it wrong, and the payment is later challenged, he or she may find it necessary to stump up himself, and then to recover what he can from the carer. The question in law is 'who can give a good receipt?'

Miner has a particular view of the Court of Protection, which certainly has had its difficulties in the past, but if that is what is needed, there you must go.
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