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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Mother died intestate!!

60 replies

NuttyCasey · 23/03/2017 09:32

Am hoping someone might be able to give me some advice on this one!

My mother died last year intestate, so she left no will stating how she wanted her money and possessions distributed. It's a fair sum of money, and there is only (legally) myself and my brother who can inherit due to the law. However, my brother stopped ALL contact with her over 8 years ago and her friends have told me that she wanted myself and my son to inherit most of her money, but didn't want to leave my brother with nothing.

However, I have since found out she took out a life insurance policy. Letters of Administration have been granted to just myself as my brother didn't want to be involved but wanted his share of her money. I proposed to my solicitor distributing the money 3 ways (including my son as my mum adored him) but he said i would have to have something written up and my brother sign off on it. However I don't think things would be that simple with my brother once he finds out how much money is involved!

My question is, I have told only my OH and a close family member about the life insurance policy, no one else knows about it (including my brother). So if he doesn't know about it, there's no chance of him taking me to court down the road? I can't understand how it would become a problem if he never finds out the life insurance exsisted??

I'm not being mean to him (it would be for his own safety to be honest as he supposedly does drugs and drinks quite a bit) and nor would he be left without any money, it would be a substantial amount. I also know that my mum wouldn't have wanted him to have half and leave my son with nothing.

Sorry for the long post x

OP posts:

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TwitterQueen1 · 23/03/2017 09:34

I don't think lying and stealing is excusable I'm afraid.

ImFuckingSpartacus · 23/03/2017 09:35

Your brother is legally entitled to half of everything, and if you hide money from him you are a criminal. And you will get caught and you will get into a lot of trouble.

jcscot · 23/03/2017 09:37

I think you may find that there is a distinct process as to inheritance to be followed in the event of there being no will. If the estate is over a certain amount, then probate has to be applied for.

I don't think you'll be able to cut your brother out - hearsay as to your Mum's wishes and your brother's lifestyle won't trump the law.

taytopotato · 23/03/2017 09:38

life insurance- are you the beneficiary? If formed under a trust then the pay out is not part of your mum's estate.

As to her estate, the intestate law will apply

RapidlyOscillating · 23/03/2017 09:39

This reply has been deleted

Message withdrawn at poster's request.

AverysillyoldHector · 23/03/2017 09:40

Surely it's a simple question of the law? Your brother is as entitled to his share of all your Mum's money as you are? Whatever the moral rights and wrongs are, you can't legally keep the life insurance for yourself. His possible drink and drug problems are irrelevant - maybe he'd use the money to get himself some treatment?

MadameCholetsDirtySecret · 23/03/2017 09:41

I'm sorry for your loss.

Anything other than full disclosure would be fraud. You would be extremely foolish if you decided to behave as you suggest, however galling.

CiderwithBuda · 23/03/2017 09:42

You need to abide by the law.

And I think the fact that your mother didn't make a will excluding your brother says a lot. They may not have spoken for years but he is still her son. If she had REALLY wanted to exclude him and leave everything to you and your son or only a nominal amount to your brother she could have done so but she didn't. It's not for you now to try to do so.

zzzzz · 23/03/2017 09:44

This reply has been deleted

Message withdrawn at poster's request.

ShotsFired · 23/03/2017 09:45

Come on OP, you know the answer to this deep down.

And if your mum really felt strongly that the bulk of her estate should go mainly to you and your son, she would have taken a couple of hours to make a simple Will.

I am sorry for your loss.

SailAwaySailAwaySailAway · 23/03/2017 09:45

You really can't do that. If your DM had been determined that a 50 50 split wasn't what she wanted, surely she would have made a will? It's one thing to say it but when it came to putting it in a will maybe she just couldn't do it.
My parents died intestate so I do understand a bit about the difficulty. And I'm sorry that your DM died

taytopotato · 23/03/2017 09:46

There's two seperate issue here

the life insurance and
your mum's estate

OP will have to share themum's estate with brother according the instestacy rules

But the Life insurance policy MAY not be part of the estate provided it was written in trust and the OP the beneficiary of the policy. If this is the case, then she will keep the policy pay out,

PigletWasPoohsFriend · 23/03/2017 09:47

Theft is illegal.

You have to follow the law not break it.

PotteringAlong · 23/03/2017 09:50

If you go to prison you won't need it anyway...

Your mum didn't leave a will. It's not up to you to decide what happens to her money. It's the law. You get half. Your brother gets half. End of story.

LizB62A · 23/03/2017 09:55

If your mum really wanted your brother to get less and your son to get something, she should have made a will.

Reading the above, I'm actually quite surprised that you didn't coerce her into making a will that did exactly what you wanted.

As the PP said, what you're proposing is lying and stealing.

CotswoldStrife · 23/03/2017 10:04

Your mother didn't take any steps to exclude your brother, so he is entitled - and should receive - half of the estate.

NuttyCasey · 23/03/2017 10:04

Thank you for all the helpful responses, much appreciated.

Just to be clear, I will abide by the law and am not going to be a criminal of any sorts. I'm not trying to 'steal' anything from him, I just wanted advice as my knowledge on the law is not that of a solicitors! I am only concerned for his welfare as, in my opinion he's going to end up killing himself.

OP posts:

NuttyCasey · 23/03/2017 10:06

I will speak to a solicitor and he WILL receive what he is entitled to.

OP posts:

bigmouthstrikesagain · 23/03/2017 10:06

You need advice. Speak to the CAB and look on their website //www.citizensadvice.org.uk as in the family section there is an article about what to do when a person dies intestate.

I am sorry for your loss, and for the frustration of thinking you know your mothers intentions. But previous posters are correct. Your mother did not leave a will so her estate will be divided between you and your brother. If there is a separate arrangement for the life insurance that will be accounted for but you need to do this properly and legally otherwise yes you will break the law and have to accept the consequences.

DragonFire99 · 23/03/2017 10:07

, OP. Sorry for your loss - but you can't break the law and steal your brother's money.

Your mum should really have made a will - that way she could guarantee what happened to her money.

Who is the beneficiary of the life insurance? There has to be one.

Get legal advice. There is a process to follow when soneone dies intestate: www.gov.uk/inherits-someone-dies-without-will steps you through the process.

HelenaGWells · 23/03/2017 10:08

Your mum didn't leave a will. It's not up to you to decide what happens to her money. It's the law. You get half. Your brother gets half. End of story.

This.

dontcallmethatyoucunt · 23/03/2017 10:10

If the insurance is in Trust then the trust prevails.

If no Trust is in place the money is paid into your mothers estate and then on to her beneficiaries. It will be treated as part of her estate and OF COURSE your brother would know as it would form part of the probate calculation.

PinxTheTinxMinx · 23/03/2017 10:14

I'm so sorry for your loss

In the nicest possible or way if your Mum was so adamant about your brother not inheriting her estate she should/would have made a will.

Maybe deep down she didn't want to make that call as cutting someone out of a will is very final. If he pisses his portion up a tree so be it, his choice, move on with your life enjoy your son and remember the happy memories of your Mum x

TheGaleanthropist · 23/03/2017 10:18

Sorry for your loss.

50/50 all the way, with full disclosure as to assets.

If your mum was that worried about leaving him less, she'd have written a will.

If you're that worried about him drinking himself to death, hold an intervention, if you haven't already. Even if you have, consider holding another one. Highly emotional times like bereavement can be critical junctures.

titchy · 23/03/2017 10:29

You need to check with the trustees of the policy. Your solicitor is unlikely to be able to advise you in this. It's very possible it won't form part of her estate in which case it's only the estate that needs splitting equally between you and your brother.

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