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ARTICLE · 21 JANUARY 2026

When A Residuary Beneficiary Refuses To Engage: Guidance From Lowe V Daniells [2025]

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The recent High Court decision in Lowe v Daniells [2025] EWHC 3297 (Ch) provides valuable guidance for personal representatives and practitioners faced with a residuary beneficiary who declines to engage...

United KingdomLitigation, Mediation & Arbitration
Natasha Stourton
Natasha Stourton
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The recent High Court decision in Lowe v Daniells [2025] EWHC 3297 (Ch) provides valuable guidance for personal representatives and practitioners faced with a residuary beneficiary who declines to engage with the administration of an estate.

Background

The deceased, Jean Phyllis Norman, died in 2018, leaving her granddaughter, Lucy Daniells, as the residuary beneficiary under her will, with two substitutes named should Lucy's gift fail.  Despite numerous attempts by the administrator to contact Lucy – by post, email, and even process server – she refused to cooperate, expressing distrust and declining to provide identification or sign a deed of renunciation.  

The administrator, having completed all other aspects of the estate administration, sought the court's direction regarding the distribution of the residue, approximately £185,000.

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