Areas of Law / Wills and Probate

A friend is going to be left a property that she doesn’t want in a will. Does she have to accept it?

No. Beneficiaries of a will are entitled to refuse a gift. If she writes to the executors turning it down they will be obliged to either transfer the property to the residuary beneficiaries or sell it and put the proceeds into the residuary fund: in other words the money will go to beneficiaries who receive what’s left of the estate once specific gifts have been distributed. It would probably be a good idea for your friend to tell the owner of the property at this stage that she doesn’t want it.

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