What to do when someone dies without a Will?

[NotActuallyAMum]

DHs Gran has died and didn't leave a Will and we haven't got a clue where to start. I've had a look on the DirectGov website and that suggests that forms PA1 and IHT206 need to be filled in so I've printed those off to give to my PIL

Will FIL inherit her estate? MIL says the paperwork that the funeral directors gave her suggests that DHs Gran's brothers/sisters may have a claim but the link on DirectGov says that everything will come to FIL (only child)

I'd really appreciate any pointers as to what needs to be done

[Rangirl]

Hi there don't worry there are detailed provisions for what happens when there is no will Can you confirm if it is an English case .i am Scottish lawyer but if you confirm which jurisdiction someone will come along soon

[MOSagain]

if England you need Mumblechum, MNets resident wills expert As Rangirl has said, there are provisions for those who die intestate (without a will) and I'm sure Mumblechum can refer you to the relevant information

[NotActuallyAMum]

Thank you Rangirl. I should have said, yes we are all in England

[NotActuallyAMum]

Crossed posts with MOS, hope Mumblechum will see this

[thereinmadnesslies]

www.hmrc.gov.uk/cto/customerguide/page14-1.htm takes you through some questions to establish who will inherit if there is no will.

I handled my dad's estate when he died without leaving a will and it's not too scary to do. You need to establish the value of the estate, so valuation of the house, bank account, investments, any substantial possessions like a car, life insurance etc. Once you know that you can fill out forms to obtain 'letters of administration'. You have to attend a quick interview and swear on the bible that u will distribute the estate properly. Then the letters of administration allow you to obtain the money, sell the house etc and then distribute the proceeds of the estate.

I'm sure mumblechum will be along with a better explanation but hope that helps in the meantime.

[NotActuallyAMum]

Thank you therein that link says FIL will inherit everything. Nice to hear you didn't find it too scary

[mumblechum1]

Hi, assuming that your DH's grandma's husband has already passed on, then the estate will all go to your FIL.

If there were other siblings, it'd be distributed in equal shares.

Your FIL now needs to obtain probate before he can sell his mum's assets etc.

Sorry for your and dh's loss.

[throckenholt]

www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029802

I think your FIL is next of kin as only surviving child (the siblings would come after him). If there is no will you need to get a Grant of Letters of Administration which is the equivalent of probate when there is a will.

I have no real idea what this involves but am jsut starting the process myself as the executor of my mum's will. How complicated it is depends on how much property and other assets he had.

[throckenholt]

HMRC Inheritance Tax: Customer Guide

You have selected the following

The estate is in England & Wales
There is no surviving spouse or civil partner
There are children or remoter issue of the deceased

If this is not correct return to page 14 of the Customer Guide

If this is correct, then the whole estate will pass to the children of the deceased in equal shares. If any of the children have died leaving issue, then the issue will receive their parents? share per stirpes.


Assuming in England or Wales - if not follow these links www.hmrc.gov.uk/cto/customerguide/page14-1.htm

[NotActuallyAMum]

Thank you all for your help. I've passed everything on to MIL as she's sorting everything because FIL is useless with paperwork. I strongly suspect from what she said last night that she'll get a solicitor to do it anyway but I've done my bit

Thanks again

[catsrus]

Both of my parents died without wills and I dealt with both estates, very few problems - but their assets were very small, by the time my mother died there was only a few tens of thousands of pounds left and no property (she was in a nursing home). I didn't even need a grant of probate because there was so little - I did have to get a solicitor's letter at one point to get a life assurance policy to release funds, but that wasn't too expensive and came out of the estate anyway.

Get multiple certified copies of the death certificate - you will need to send them off all over the place!

[RedHelenB]

Can I just ask Mumblechum - if a will leaves everything to be shared between two sisters but one dies before the will gets amended, does the other sister inherit it all or do the dead sisters children inherit her half share?

[mumblechum1]

It depends what the will says. The standard wording is something like:

"I give my residuary estate to be divided between such of my children as shall survive me and if more than one in equal shares BUT IF any of my children dies before me leaving children then those children shall take the gift which my child would otherwise have received"

So usually if a deceased child leaves kids, it goes down to that generation.

Not all wills will have that clause in so you need to check the wording.

[RedHelenB]

I suppose it would depend on if the will was written before or after grandchildren then.

[mumblechum1]

Not really. Every will I write (about a hundred a year between my day job and my freelance will writing company), has that clause in. It's absolutely bog standard.