Celebrity deaths rarely get to me, but oh my god. The incredible Catherine O'Hara.
media.tenor.com
a woman in a black dress is smiling with #schitts creek written in the corner
ALT: a woman in a black dress is smiling with #schitts creek written in the corner
![The Unwanted Inheritance?
When a Beneficiary Refuses to Engage
Lowe v Daniells [2025] EWHC 3297 (Ch)
HHJ Paul Matthews faced the problem of a beneficiary who, perhaps suspecting a scam, responded to the offer of a £184,000 inheritance with abusive emails, asserting there was nothing in the estate, but refusing to disclaim.
The Claim
The professional administrator brought a CPR 64 claim seeking directions as to what to do with the residue of the estate. The beneficiary was joined as a defendant but did not respond to the claim.
The Dilemma
Standing v Bowring (1885)
The law presumes acceptance of a gift. To divest it, there must be a disclaimer. It was difficult to interpret D's hostile actions — based on a mistaken belief that there was no money — as manifesting a clear intention to disclaim.
The Decision
1. Disclaimer Issue: Declined
The Judge refused to rule on the disclaimer itself. As the substitute beneficiaries were not parties, it was inappropriate to make a finding that would extinguish their potential interest without them being heard.
2. The Solution: Benjamin Order
Rejected paying funds into Court. Instead, granted a Re Benjamin order.
PR directed to distribute on the footing that D had disclaimed.
Protects PR from devastavit claims.
Leaves D free to pursue the substitute beneficiaries directly.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:rixlznsn6at43hulimfz3izg/bafkreibdmikzhu72efrm63qrzbjzq4pfkzcu5vflokbsxa2su4a4msaaci)
