Can a beneficiary refuse something left to them in a Will?
The short answer is yes, a beneficiary can refuse their inheritance. However, it's important to understand that they must reject the entire gift they are entitled to, not just a portion of it. They cannot accept part of the gift and decline the rest. Additionally, the beneficiary must not have already received any part of the gift, as doing so would be considered an acceptance of the gift by their actions.
There are two options to disclaim a gift:
1. Disclaiming their gift
The primary way for a beneficiary to refuse their inheritance is by disclaiming the gift. This must be done in writing and signed by the beneficiary who intends to reject the inheritance. Once the gift is officially disclaimed, the beneficiary forfeits all rights to the asset, both immediately and in the future. The gift will return to the estate and be redistributed among the remaining beneficiaries. Additionally, the individual who has rejected the gift cannot determine who will receive it next and has no further claim or rights related to the asset.
2. A Deed of Variation
The second option is to transfer the gift to another beneficiary through a Deed of Variation. You can read more about it here.
Examples/scenarios when beneficiaries may refuse inheritance
Care home employee
Some care home employees are contractually obliged to disclaim their gift if a care home resident has left it. This is to avoid vulnerable residents being taken advantage of.
Sharia Law
If a person dies without a Will, and the estate is intestate, the rules of intestacy must be followed. In this case, the rightful beneficiary according to the rules of intestacy and Sharia Law (if you follow Islam) may differ. So, the beneficiary may choose to disclaim their gift in favour of following Sharia Law.