Refusing an Inheritance

3 April, 2025 3 minutes reading time

Understanding Disclaimers

The recent court case, White v Williams [2025] EWHC 115 (Ch), has highlighted a common problem in dealing with Wills: what happens when someone doesn’t want their inheritance? This case, involving the estate of the late Elfed Williams, highlights the potential for ambiguity and dispute when informal communications are relied upon to establish a beneficiary’s intention to renounce their entitlement.

White v Williams [2025] EWHC 115 (Ch)

A Son’s Unclear Intentions

Elfed Williams passed away on June 11, 2023, leaving behind an estate that became the subject of contention. David Leslie White, acting as the sole executor, found himself in a predicament regarding the distribution of the estate. The core issue stemmed from alleged informal disclaimers by Keith Elfed Williams, the deceased’s only son.

The executor, Mr. White, initiated a Part 8 claim in the High Court, seeking directions on how to proceed with the estate’s distribution. The root of the problem was that Keith Williams, estranged from his father, had engaged in various informal communications that suggested he wished to disclaim his inheritance. However, these communications lacked the formality typically required for a valid legal disclaimer, which led to the legal ambiguity that the courts were asked to resolve.

What is a Disclaimer?

In legal terms, a disclaimer is when someone officially refuses a gift they’ve been left in a Will. Someone can refuse a gift left in a Will, but they must do so before accepting any part. However, it must be clear, definite, and done within a reasonable time. If done correctly, it’s as if the person died before the testator (the person whose Will it is), which changes the estate’s distribution.

It’s important to know that simply saying “I’m not sure” or “maybe not” isn’t enough. It must be a clear “no.” Also, you can’t change your mind after taking something from the inheritance. That’s why acting quickly is crucial.

Why the Executor Sought Direction from the Court

Elfed’s Will included a clause (known as a substitution clause) that allowed the executor to redistribute any ‘failed’ gifts. This is a common practice in Will drafting. A gift usually fails if the named beneficiary dies before the person whose Will it is. However, in this case, the issue centred on whether Keith’s refusal to accept his father’s gift amounted to the failure of that gift.

Ruling

The court held that the natural and ordinary meaning of the word “fails” in the Will’s substitution clause extended to Keith’s (informal) disclaimer, even though it occurred before Keith’s death.

Our Advice

This case serves as a reminder that clarity and formality are crucial when creating Wills. Disputes – big or small – come at a high cost. Emotionally and financially. The legal fees incurred during this case reduced the final distribution to the beneficiaries. In the end, avoiding legal challenges through precise documentation and professional guidance helps ensure that the intended beneficiaries receive the maximum benefit from the estate. So, please don’t hesitate to contact us if you need legal advice regarding Wills or estate planning. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

Partnerships & Accreditations