Cartmell Shepherd
By Rebecca Armstrong
January 27th, 2026
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.
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.
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.
