What Happens If a Beneficiary Refuses to Engage With an Estate?

Administering an estate can be challenging at the best of times. But what happens if a beneficiary simply refuses to engage, leaving the estate stuck for years?

A recent High Court decision, Lowe v Daniells [2025], has provided important guidance on what can (and cannot) be done when a beneficiary’s silence brings estate administration to a standstill.

In this article, Head of Will and Inheritance Disputes, Rebecca Armstrong, explains what the ruling means for executors, administrators and families facing delays.

Lowe v Daniells – An Estate Stuck in Limbo

The case involved the estate of a woman who died in 2018. Her Will left the residue of her estate (around £185,000) to her granddaughter (Daniells). Other grandchildren were named as substitute beneficiaries if that gift failed.

The issue was, Daniells refused to engage at all. Over a period of several years, multiple attempts were made to notify Daniells of her inheritance, without success. The administers and solicitors asked her to confirm whether she wished to accept of refuse her inheritance. Despite this, the Daniells would not cooperate or provide clear instructions. As a result, the estate could not be finalised, and other beneficiaries were left waiting indefinitely.

Does Ignoring an Inheritance Mean You Lose It?

One of the key questions before the High Court was simple: If a beneficiary refuses to engage, does that mean they have given up their inheritance? The Court’s answer was no.

The judge confirmed that:

• A gift in a Will usually takes effect automatically on death
• A beneficiary does not need to “accept” it
• To give it up, there must be a clear and deliberate disclaimer

In Lowe v Daniells, the beneficiary’s silence and refusal to cooperate did not amount to a legal refusal of her inheritance.

This is an important point for families to understand: doing nothing does not necessarily mean losing your entitlement.

Why This Puts Executors and Administrators at Risk

Executors and administrators have strict legal duties. They must:

• Distribute the estate correctly
• Act in the best interests of all beneficiaries
• Avoid exposing themselves to personal liability

If they distribute an estate on the assumption that a beneficiary has “walked away” – and that assumption is wrong – they could face legal proceedings later.

What Can Be Done?

Recognising the unfairness of leaving estates unresolved indefinitely, the High Court gave practical guidance on how these situations can be resolved.

Option 1: Paying the Money Into Court

One option is for the executor or administrator to pay the inheritance into court. This protects them from liability, but it can be costly and may force other beneficiaries to start further legal proceedings.

Option 2: A Court Order Allowing the Estate to Be Finalised

In Lowe v Daniells, the judge confirmed that the court can make an order (known as a Benjamin order) allowing the estate to be distributed as if the beneficiary had refused the inheritance, even though they had not formally done so.

This is a more pragmatic solution than Option 1, allowing Lowe to distribute the estate without extinguishing any of Daniells’ rights. Daniells would still have the option of making a claim at a later date, should she wish. 

This approach allows estates to move forward while balancing fairness and legal protection.

What This Means for Executors and Families

If you are dealing with an estate where a beneficiary is refusing to engage:

• You are not required to wait forever
• Silence alone does not resolve the issue
• Court guidance may allow the estate to be finalised safely
• Early legal advice can prevent years of delay and rising costs

Cases like Lowe v Daniells show that the courts recognise the practical realities executors face, but formal steps must be taken.

If you are acting as an executor or administrator, it is advisable to keep clear records of all attempts to contact beneficiaries and seek independent legal advice before attempting to distribute the estate. You should never assume the beneficiary has given up their inheritance. Taking advice early can significantly reduce stress, delay and legal risk.

Our Will and Inheritance Disputes team regularly advises executors, administrators and beneficiaries involved in estates delayed by disputes or unresponsive parties.

For more information please contact Rebecca on 01228 516666 or click here to send her an email.