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What if There is No Will?

By: Abigail Taylor - Updated: 13 Apr 2018 | comments*Discuss
 
Will No Will Intestacy Probate

When someone dies, those left have to deal with the issue of what to do with their property and belongings. If there is no Will (i.e the estate is intestate), there is legislation that helps with the process of dividing any assets.

Here are the basic steps to follow:

  1. Check that there is definitely no Will to be found
  2. Apply for a Grant of Representation (often called "probate")
  3. Pay any inheritance tax due
  4. Collect together any assets
  5. Pay any debts owed by the deceased
  6. Distribute the estate

How to Find Out if There is a Will?

It can be difficult to establish after their death if someone made a Will. It is therefore recommended that if you have made a Will, you tell your family that you have made one, and where it is held.

If you don't know the location of a deceased's Will, it is important to carry out a thorough search. Below are some ideas of where to look:

  • Check through the deceased's documents - most people have a file of important documents (birth certificates / insurance etc) somewhere, so it may be with those
  • Check in the deceased's safe
  • If they had a lawyer that they used for other matters (e.g divorce or property sale) check if they hold a Will for the deceased
  • Try calling local solicitor's to see if they hold a copy Will for the deceased

Note: Sometimes people make more than one Will, as they update or change how they wish their assets to be divided. If you find more than one Will, make sure that you use the most recently dated version, as older versions will no longer be valid.

Intestacy Laws

If there is no Will, then the distribution of the estate will be governed (in England and Wales) by the Administration of Estate Act 1925. These are commonly known as the laws of intestacy, someone who dies without a Will is legally called 'intestate'.

Obtaining probate

Regardless of whether there is a Will or not, you will need to apply for a Grant of Representation (commonly called 'probate'). If there is no Will, the deceased's next of kin can apply for probate (for example their spouse, civil partner, or child). It is possible to apply for probate as the spouse or civil partner of the deceased, even if you are separated, as long as you are not divorced.

Note: Unmarried partners cannot automatically apply for probate, (nor will they inherit your assets under the law of intestacy), so if you have a long-term partner but are not married, it is especially important that you make a will.

If all assets were jointly held, technically you do not require probate to distribute them. However many organisations such as banks will still ask for a copy, so it may be worth doing anyway!

See our guide here for more information on Probate

Applying for probate

Here's how to apply:
  1. Complete a probate application form (PA1). If you need help completing the form, call HMRC on 0300 123 1072
  2. Complete an inheritance tax form. (You must complete this form, even if you think no tax is owed.)
  3. Send both forms along with the death certificate, the original will and three copies (if a will exists), and a £125 application fee. (There is no fee is the total estate is worth under £5,000)
  4. Swear an oath at the office of a Commissioner for Oaths (eg a solicitor's office), or the local probate office
You should get the probate certificate through in the post within 10 working days of swearing your oath.

How Stop Someone Getting Probate

You can stop someone getting probate by entering a caveat, as long as you are aged 18 or over. This caveat lasts 6 months to enable any dispute to be resolved. To enter a caveat, fill in form PA8 and send a £20 fee. (We recommend consulting a solicitor or your local Citizen's Advice Bureau if entering a caveat, as usually they precede a heated dispute between relatives.)

Find Out How an Estate Was Distributed

You can search probate records online for anyone who died after 1858. This should tell you who obtained probate to distribute the estate. There is a £10 fee per search. It takes around 14 days for the online record to update with details of new registrations.

Paying Inheritance Tax

You will have sent an Inheritance Tax Form to HMRC when obtaining probate, so they will let you know how much inheritance tax must be paid out of the deceased's assets. Just follow the instructions on the paperwork sent to you, and if you have any queries, contact HMRC who are usually very good at talking relatives through the process.

We have more information on inheritance tax here

Collect the Deceased's Assets

If you send the probate certificate to organisations holding the deceased's assets (e.g banks), they should release these to you. You may also need to sell the deceased's property in order to release funds; any fees involved in the sale can be deducted from the sale profits.

To speed up the asset release process, you may wish to obtain several copies of the probate certificate. These cost only around 50p per copy.

Paying off debts

Before distributing the estate, the executor has a duty to pay off any debts owed by the deceased. This includes any outstanding tax owed to HMRC. Also don't forget that if the deceased didn't have a funeral plan in place, you will need to deduct the funeral costs from the value of the estate; funeral costs can be several thousand pounds!

If you are the executor, place a notice in The Gazette to give any creditors a chance to come forwards before the estate is distributed. That will ensure that you hold no personal liability for any of the deceased's debts of which you may not have been aware.
See our article on Debts After Death for more information

Distribute the Estate

Jointly held assets:

  • Any money in a joint bank account will automatically pass to the other owner(s)
  • Any property owned under a "joint tenancy" (where all parties own the whole property jointly), will automatically pass to the surviving owner(s)
  • Any property owned under a "tenancy in common" (where each party owns a fixed share of the property), the deceased's share will pass according to their will or the law of intestacy

Assets not held jointly

If there is no will, you will need to distribute the estate in accordance with the law of intestacy:

Intestacy Law - Who Gets What If There's No Will?

If the estate is worth under £250,000, and the deceased has a spouse or civil partner, they will inherit the whole estate.

If the estate is worth over £250,000 the estate is divided as follows:

(1) Spouse or Civil Partner Still Alive

If the estate is worth over £250,000, and the deceased has a spouse or civil partner, they will inherit £250,000 value from the estate plus all personal possessions (regardless of value). The remainder of the estate (over £250,000 value) will then be split as 50% to the spouse or civil partner, and 50% divided between the surviving children. This includes adopted children but not step-children. If the children have died already, then their children will inherit in their place. If there are no children, the spouse or civil partner will inherit the whole estate.

(2) No Spouse or Civil Partner

If the deceased has no spouse or civil partner, the estate will be divided equally between their children. This includes adopted children but not step-children. If the children have died already, then their children will inherit in their place.

(3) No Spouse or Civil Partner and No Children/Grandchildren

If the deceased has no spouse or civil partner, and no children or grand-children, the estate will be divided equally between their parents. If the deceased has no living parents, the estate will be divided equally between their brothers and sisters (or their children if they have already died).

(4) No Spouse, Children, Parents or Siblings

If the deceased has no spouse/civil partner, no children/grandchildren, no parents and siblings, the estate will be divided equally between their half brothers and sisters. If there are no half siblings, the estate will be divided equally between their grandparents. If there are no living grandparents, the estate goes to aunts and uncles (half aunts and uncles if there are no full ones) or to their children (the deceased's cousins) if they have already died.

(5) None of the Above Relatives

If the deceased has no living: spouse; civil partner; children; grandchildren; parents; brothers or sisters; half brothers and sisters; grandparents; aunts and uncles or half aunts and uncles; nephew/nieces or cousins, the estate will all pass to the Crown.

Example Scenarios

Q] Joe has died with no will. He has a wife, a son and two step-daughters. His estate is worth £350,000. Who inherits?

A] Joe's wife would receive £250,000 of the estate, plus any personal possessions (regardless of value). The remaining £100,000 of the estate would be divided equally between his wife and his son. Step-children are not recognised by the law of intestacy. His wife would therefore receive a total of £300,000 plus personal possessions, his son would receive £50,000 and his step-daughters would receive nothing.

Q] Beth has died without a will. She has no husband or civil partner, no children or grandchildren, and no parents or grandparents. Her only surviving family are the boyfriend she lives with, and her aunt who she hasn't spoken to since she was a child. Who inherits?

A] Her aunt would inherit the entire estate. The law of intestacy doesn't recognise unmarried partners. Her aunt is a recognised relative and so will inherit the estate, regardless of whether they are estranged.

As you can see from the above, it is extremely important to make a will if you have step-children or an unmarried partner that you would want to inherit from you. If you don't have a will, they won't get anything unless assets are jointly held!

Some of Your Questions Answered

"My wife's mother left her and her sister the house. The Will states that her unmarried partner is allowed to live in the house until he dies. Can they get him out as they would like to sell the house?"

The unmarried partner has been given a life tenancy in the property. That gives him the right to remain in the property until his death. He will be responsible for all insurance and maintenance costs. You can't legally throw him out, so your choices are either to sell the estate subject to a life tenant (not usually very desirable to a buyer), or speak to him about him forfeiting his life tenancy (likely by you "buying him out").

"My great aunt passed away hasn't left a Will, my mother is her niece. She left invested money of over £30,000, plus valuable items. Suddenly her nephew wants to take over and already taken jewellery, ornaments and has demanded that anything we took from the house for safe keeping be returned or he's phoning the police. We found out that when my aunt was alive his wife took her wedding/engagement rings...she was suffering from Alzheimer's. The nephew has walked away from the house (rented) leaving a neighbour to clear as it has to be empty in 2 weeks. What can we do to ensure nothing gets sold without our say, so that we can things of sentimental value in the family?"

Has the nephew applied for probate? If not, then it may be worth you doing so. If he does not have probate, then he is not entitled to divide up the estate.

In any event, the estate must be divided up according to the rules of intestacy. Follow through the steps above to see who would inherit - this will depend upon what other surviving relatives are in your family. If your great-aunt has no spouse / civil partner, no children / grandchildren / great-grandchildren, and no parents, then the estate should be divided up equally amongst their sisters and brothers. If they are no longer alive, their children (ie her nieces and nephews) will inherit in their place. If there was no will and the nephew (your uncle) is legitimately inheriting from the estate, I would expect that your mother should do so too.

"My dad was diagnosed with dementia 18 months ago. My sister who'd previously had no contact for years, obtained POA (knowing he's worth over 500.000). She put him in a nursing home and fixed up the house then moved in with her daughter. My sister and I are the only next of kin, he passed away 4 months ago with no Will. Should I have inherited any of his estate? What can I do at this stage?"

Firstly, I would question whether any Power of Attorney was valid. It seems strange that your father would agree for an estranged daughter to make all decisions (including financial decisions) on his behalf. If your father had already been diagnosed with dementia prior to signing the Power of Attorney, he may have lacked mental capacity making it invalid.

Secondly, if your father had no will, his estate would pass to his family in accordance with the laws of intestacy. Check whether your sister obtained probate. If not, she does not have authority to distribute the estate. If your father had no surviving spouse or civil partner, then the estate should have been divided equally between all his children. If there are just two children (you and your sister), then you should have received 50% of the value of the estate, including the property value. (This does not necessarily mean that your sister has to sell the property, but she should give you 50% of the value to essentially "buy out" your share.)

"Hi my father has died , with no will , we think. My eldest brother has dealt with everything he has divided all the money between us all , but it doesn't add up. My dad was mentally fine not confused and he told us what he had , is there anyway we can find out without asking my brother as I am sure there was quite a bit more money than he has said and my father had paid for his own funeral?"

Again, check whether your brother had obtained probate. If not, he had no authority to divide up the estate. If you don't want to ask him, you can search for probate records online, for a £10 fee.

If your brother did have probate, it will be difficult at this stage to determine the value of the estate (ie how much was in your dad's accounts), as they will now be £0 / closed. You may therefore have to ask your brother directly.

Remember that any debts, including outstanding tax and solicitor's fees will need to be paid out of the estate prior to distribution. Also inheritance tax may have been paid. These could all reduce the value of the remaining estate to be divided up.

Seeking advice

Dealing with the distribution of assets follow the death of a family member is always tricky, and can particularly bitter and emotional if a dispute arises. If you disagree with the way the estate has been distributed, speak to Citizens Advice Bureau for free advice and (though it may be difficult), try to approach the matter in a calm manner. Sometimes it can also be helpful to ask a trusted family friend or other relative to "mediate" any dispute to try to reduce any heated arguments and ensure a satisfactory resolution for everyone involved.

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Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
carolina - Your Question:
Hi my grandfather died in 1993 and they could not find his will and said that everything would be frozen until my grandmother died.my father died in 1996 and I have just found out that my nan left the house to one of my uncle and he has died and left it one of my cousins that has already sold it.but my nans could only leave her part of the house but my grandfather part should have been for the rest of the sons as my father died I should have got is part??i have just found out about all of this now because I do not live in the uk anymore.I am intitle to anything even if they have sold the house in 2005??please help me thank you

Our Response:
If there was no Will and your grandmother's name was the on the deed as a joint tenant, she would automatically have inherited the property and the remainder of the estate would potentially be split as described above. If your grandmother made a Will to decide who to leave the property to there is not much you can do about it.
FacingBereavement - 16-Apr-18 @ 2:52 PM
hi my grandfather died in 1993 and they could not find his will and said that everything would be frozen until my grandmother died. my father died in 1996 and i have just found out that my nan left the house to one of my uncle and he has died and left it one of my cousins that has already sold it. but my nans could only leave her part of the house but my grandfather part should have been for the rest of the sons as my father died i should have got is part??. i have just found out about all of this now because i do not live in the uk anymore. I am intitle to anything even if they have sold the house in 2005?? please help me thank you
carolina - 13-Apr-18 @ 7:44 PM
Sugarbear - Your Question:
My parents didn’t marry until I was 2, after they married they had another child. Will I inherit any of their estate or will my sister receive everything?

Our Response:
You're still the biological offspring so yes you should inherit equally with your siblings assuming both parents are on your birth certificate.
FacingBereavement - 13-Apr-18 @ 12:13 PM
My father has recently passed away. He was living with his girlfriend of 2 years before this and therefore all of his belongings are in HER HOUSE(not jointly owned) the will that was left is null and void as he was not in sound mind when it was written and it was not witnessed correctly. He had a life insurance policy that is made out to me and my little sister. We have been trying to get my fathers belongings out of his girlfriends house, however she will not let us go round and do this, does she have any right to withhold his stuff from us?
Lana97 - 12-Apr-18 @ 11:28 AM
My parents didn’t marry until I was 2, after they married they had another child. Will I inherit any of their estate or will my sister receiveeverything?
Sugarbear - 11-Apr-18 @ 9:25 PM
Maca - Your Question:
Our father passed away recently, without leaving a will. There are four surviving siblings, including myself and we decided that myself, the oldest and the next oldest would become joint executors as there are complications with a second property and it would mean the burden of settling affairs could be split. The problem we have is with the main part of the estate, the family home, where one sibling has always lived in and still does. For whatever reason, they are blocking access to us. Collectively we had agreed that there were items of reasonable value, which could be sold to cover outstanding costs, in order to clear them quickly and avoid interest accruing. Does our resident sibling have the right to refuse us access? We have no wish to throw them out on the street, but these issues have to be dealt with and unfortunately the house and land will have to be sold. Any advice would be much appreciated.

Our Response:
Unfortunately if you can't use your powers of persuasion, the only other way to get your sibling to move out would be to apply to the court for an "order of sale". If you simply want access to the property for funds to cover initial expenses, such as funeral, legal fees etc, then you might need to speak with a solicitor.
FacingBereavement - 11-Apr-18 @ 10:13 AM
Loza - Your Question:
Hi. My dad died and he has 3 children , he was in a nursing home for over 15 years so had no will or anything , his mum was his next of kin but she has dementia so my aunt is trying to take over power of authority. he won't let any money that's been left go in a cheque into my name she's wantingot on her name and she can devide it between me and my 2 brothers which I think is unfair as I want to deal with it. Is their anything I can do to stop her getting a cheque in her name as I am his daughter??

Our Response:
Did your father have a Will? Is your aunt named as executor? If so, she can administer the Will. Why would it cause a problem if the money is to be divided between you and your brothers anyway? If there's no Will any proceeds remaining after funeral costs are split between surviving children, so even if there's no Will the same thing will happen.
FacingBereavement - 9-Apr-18 @ 12:41 PM
Dave - Your Question:
My mother passed away she had not bothered with me for many years but I have sisters how would I find out if she had a will or if it’s gone to probate and if my sisters haven’t mentioned me would probate search to see if there are more children besides my sisters or if I don’t contact probate it will it be shared out between my sisters

Our Response:
You can find out if a Will or probate took place via this government web page
FacingBereavement - 9-Apr-18 @ 10:20 AM
Our father passed away recently, without leaving a will. There are four surviving siblings, including myself and we decided that myself, the oldest and the next oldest would become joint executors as there are complications with a second property and it would mean the burden of settling affairs could be split. The problem we have is with the main part of the estate, the family home, where one sibling has always lived in and still does. For whatever reason, they are blocking access to us. Collectively we had agreed that there were items of reasonable value, which could be sold to cover outstanding costs, in order to clear them quickly and avoid interest accruing. Does our resident sibling have the right to refuse us access? We have no wish to throw them out on the street, but these issues have to be dealt with and unfortunately the house and land will have to be sold. Any advice would be much appreciated.
Maca - 8-Apr-18 @ 4:10 PM
Hi . My dad died and he has 3 children , he was in a nursing home for over 15 years so had no will or anything , his mum was his next of kin but she has dementia so my aunt is trying to take over power of authority... he won't let any money that's been left go in a cheque into my name she's wantingot on her name and she can devide it between me and my 2 brothers which I think is unfair as I want to deal with it. Is their anything I can do to stop her getting a cheque in her name as I am his daughter??
Loza - 7-Apr-18 @ 4:08 PM
My mother passed away she had not bothered with me for many years but I have sisters how would I find out if she had a will or if it’s gone to probate and if my sisters haven’t mentioned me would probate search to see if there are more children besides my sisters or if I don’t contact probate it will it be shared out between my sisters
Dave - 6-Apr-18 @ 10:16 AM
Bbern - Your Question:
My Aunt died without leaving a Will. She was never married. Never had children, Her parents, sisters and brother have already passed before her. Her sister, (my mother) had 10 children. I'm assuming we, as Nieces and Nephews of the now deceased Aunt, are next in line as beneficiaries.My question is. 3 of the beneficiaries have died. Are the children of the 3 deceased's children, now entitled a share?

Our Response:
All your aunt's nephews and nieces will receive equal shares including the children of those of your aunt's siblings who have already died.
FacingBereavement - 27-Mar-18 @ 3:40 PM
My Aunt died without leaving a Will. She was never married. Never had children, Her parents, sisters and brother have already passed before her..Her sister, (my mother) had 10 children.I'm assuming we,as Nieces and Nephews of the now deceased Aunt,are next in line as beneficiaries. My question is. 3 of the beneficiaries have died.Are the children of the 3 deceased'schildren, now entitled a share?
Bbern - 25-Mar-18 @ 10:49 PM
My mother passed when I was 3yrs old and my sister was 1.Our mom didn't put a name on birth certificate for Father..it said unknown.Our grandparents was the closest relative to us and so they legally adopted us.They are deceased now After graduating high school biological father found me and we continued a father and daughter relationship. I'm now 43 and he just died January 20, 2018 and I was benificary for one insurance policy for 10,000 dollars but had to sign it over to the funeral home so he could be buried. I have 2 half brothers that my father didn't have Relationship with for his own reasons and have been told I have no right to his estate since I was adopted? I was 3 yr old and my father wasn't stable enough to get anything from grandparents he said but tried.Is this true
Adopted - 21-Mar-18 @ 1:42 AM
pj - Your Question:
My abaned me at 13 to live with a man who turned out not to be my father. She gave up her parwntail right. I'm 23 and she's died. She left no will the deeds of the house are in her name. My brother said she had left everything to him in the latter stages of her terminal illness. Do j have a calm on the house? Please advise

Our Response:
If there is no Will and no surviving spouse, the estate would usually go to any bioligical children. Ask Citizens' Advice or a solicitor to look into this for you if you feel you may have a claim on the estate. If you brother said she left everything to him, this should have been in the form of a Will.
FacingBereavement - 14-Mar-18 @ 12:08 PM
My abaned me at 13 to live with a man who turned out not to be my father. She gave up her parwntail right. I'm 23 and she's died. She left no will the deeds of the house are in her name. My brother said she had left everything to him in the latter stages of her terminal illness. Do j have a calm on the house? Please advise
pj - 12-Mar-18 @ 12:29 AM
Concerned Parent - Your Question:
My daughter has been with her long term partner for 10 years, but they are not married. He recently passed in tragic circumstances, and she is now being denied any rights to his property, how the funeral is arranged, and how his estate is divided. He had little or no dealings with his parents, who have now arrived in his home town and demanded access to his flat, which is a joint tenancy with my daughter and free reign with his possessions. The police advise as next of kin there is nothing we can do to stop them entering the property using his keys. Surely this is not correct. They should have no rights over shared property! The Common-law status is a mess, and in today's modern society, why are we still governed by archaic laws which feel more Victorian than 21st Century

Our Response:
Tell your daughter to talk to her landlord and to get the tenancy put in her name alone. The deceased's parents will then at least need her permission to access any of his property. She could try legal action to see if she can be given part of his estate.
FacingBereavement - 7-Mar-18 @ 2:27 PM
Rach - Your Question:
My father in law has died and has left no will for his council property do you still need a probate to clear the flat also he has property in Spain but has left a will for that does both property come under one inheritance tax

Our Response:
If he was classed as living in the UK, it's likely that IHT will be applicable on all his assets including the property in Spain. You should consult a professional for more information. If the UK property is a council property we assume it's rented? You should therefore contact the council about clearing the flat (it's likely you will need to present a death certificate).
FacingBereavement - 7-Mar-18 @ 11:42 AM
My daughter has been with her long term partner for 10 years, but they are not married. He recently passed in tragic circumstances, and she is now being denied any rights to his property, how the funeral is arranged, and how his estate is divided. He had little or no dealings with his parents, who have now arrived in his home town and demanded access to his flat, which is a joint tenancy with my daughter and free reign with his possessions. The police advise as next of kin there is nothing we can do to stop them entering the property using his keys. Surely this is not correct. They should have no rights over shared property! The Common-law status is a mess, and in today's modern society, why are we still governed by archaic laws which feel more Victorian than 21st Century
Concerned Parent - 6-Mar-18 @ 5:23 PM
My father in law has died and has left no will for his council property do you still need a probate to clear the flat also he has property in Spainbut has left a will for that does both property come under one inheritance tax
Rach - 6-Mar-18 @ 6:46 AM
Me and my 2 brother,inherited my dads house threw probate,giving 3 brothers equal share to the value of property being 90.000.but I one of the brothers have lived in the property for 5 years ,and carried out lots of work,maintiance ,costsing me thousands and years to compleat,like front and back garden which had never been touched in 40 yrs,it took me thousands of hrs to my start and compleation,as I did few hours a night,after my day job,nearly 2 yr it took,and cost in materals was in thousands of pounds.plus work in side house was my own doing and expence adding big value to property,my brother wants 30.000,and not taken into concideration added value ive put into it,,ive got a morgege on value of house to buy my 2 brothers out,,agreement with fare sum to 1 brother,but not other hes asking to much,being greedy,and want to kow will I win if it goes to court,
christophermurphy - 6-Mar-18 @ 12:33 AM
Cupcake - Your Question:
Great Uncle died, leaving no blood relatives, (his wife was my great aunt and she died ages ago) they had no children, he (by marriage has lots of nieces and nephews and great nieces and nephews) also he has 2 sister in laws, one of which is my grandmother. he has not left a will, at least not that anyone can find. Does this mean any money he has goes to the crown? We have been lead to believe this is the case and that the only money the remaining family can use of his is to cover funeral expenses.

Our Response:
If the deceased has no living: spouse; civil partner; children; grandchildren; parents; brothers or sisters; half brothers and sisters; grandparents; aunts and uncles or half aunts and uncles; nephew/nieces or cousins, then yes, the estate will all pass to the Crown.
FacingBereavement - 28-Feb-18 @ 10:44 AM
Great Uncle died, leaving no blood relatives, (his wife was my great aunt and she died ages ago) they had no children, he (by marriage has lots of nieces and nephews and great nieces and nephews) also he has 2 sister in laws, one of which is my grandmother. he has not left a will, at least not that anyone can find. Does this mean any money he has goes to the crown? We have been lead to believe this is the case and that the only money the remaining family can use of his is to cover funeral expenses.
Cupcake - 26-Feb-18 @ 3:51 PM
My brother has died interstate, it was unexpected. His legal heir is his only daughter who along with her mother pushed him out the family home. He lived with us on and off and had lots of money from my mother for rent and debts. Is there any way i can get some of that money back. It mounted to £10,000. As he was ill it was me that cared for the last years and it seems so unfair that his daughter who wanted nothing to do with him should inherit. He told the GP that i was next of kin. Also it was me who arranged the funeral and cleaned out his flat.
Chris - 21-Feb-18 @ 2:24 PM
Bradders - Your Question:
My mum has passed, there are 3 children, no will. We are unable to get hold of my older brother. Last known he was living rough in London and using various substances and suffering with severe mental health issues.Our mum has very little to leave but how do we include my brother when we have no contact for him? Where do we stand? Also concerned that even a couple of hundred pounds inheritence could potentially kill him.

Our Response:
Can you get your brother's part of the inheritance put aside for the future in case he is found? It might be worth seeking advice from a solicitor...adverts could be placed in various publications to see if he can be traced. It's unreasonable not to try and trace him merely because you're concerned about the effect the inheritance may have on him.
FacingBereavement - 19-Feb-18 @ 3:44 PM
My mum has passed, there are 3 children, no will.We are unable to get hold of my older brother.Last known he was living rough in London and using various substances and suffering with severe mental health issues. Our mum has very little to leave but how do we include my brother when we have no contact for him?Where do we stand? Also concerned that even a couple of hundred pounds inheritence could potentially kill him.
Bradders - 17-Feb-18 @ 4:11 PM
Liz - Your Question:
My husband was one of 3 brothers.My husband died 8 years ago and one of his surviving brothers has recently died leaving no wil , not married and no children.Is the brother who is still alive entitled to all assets or must it be shared between him and my daughter, their niece.

Our Response:
As the article above says:
If the deceased has no spouse or civil partner, and no children or grand-children, the estate will be divided equally between their parents. If the deceased has no living parents, the estate will be divided equally between their brothers and sisters (or their children if they have already died).
FacingBereavement - 14-Feb-18 @ 12:41 PM
Fliss - Your Question:
My sons father died many years ago. He had a half sister (same mum different dad). This making her my sons aunt. She is now a widow. Her and her late husband never had any children. So the only blood relative she has is my son, her nephew. But there is a surviving brother in law. If she dies whilst my son and her brother in law are alive, and hasn't made a will, who inherits her estate, which roughly would be about £200.000. Also out of curiosity, is there such a term as half nephew and is that what my son would be classed as. I have never heard the term before.

Our Response:
You'd have to check with a legal professional but we think that if there are no other blood relatives an estate can pass to the children of a half blood sibling.
FacingBereavement - 14-Feb-18 @ 10:33 AM
My husband was one of 3 brothers.My husband died 8 years ago and one of his surviving brothers has recently died leaving no wil , not married and no children..Is the brother who is still alive entitled to all assets or must it be shared between him and my daughter, their niece.
Liz - 13-Feb-18 @ 2:54 PM
My sons father died many years ago. He had a half sister (same mum different dad). This making her my sons aunt. She is now a widow. Her and her late husband never had any children. So the only blood relative she has is my son, her nephew. But there is a surviving brother in law. If she dies whilst my son and her brother in law are alive, and hasn't made a will, who inherits her estate, which roughly would be about £200.000. Also out of curiosity, is there such a term as half nephew and is that what my son would be classed as. I have never heard the term before.
Fliss - 13-Feb-18 @ 9:24 AM
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