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What happens to my estate if I die with no will and no next of kin?

(19 Posts)
OhBlissOhJoy Sun 14-May-17 22:11:55

Just wondering really. I'm currently getting divorced, our financial settlement states that we will have no future claim on each other's finances. No parents, NC with my only sibling.
I don't want STBXH or my sibling to get my estate after I die. But I don't really have anyone else that I am close to that I would want to benefit. What happens in cases like this? Will everything go to my sibling as my only blood relative even if I haven't specifically left things to her? If I did make a will how would anyone know?

Makemineacabsauv Sun 14-May-17 22:19:15

It goes to the Treasury. So if you don't want that to happen nominate a charity in your will.

OhBlissOhJoy Sun 14-May-17 22:21:32

I hadn't thought of a charity - that's a really good idea Make, thank you.

senua Sun 14-May-17 22:26:17

There are strict intestacy rules. Government webpage here
It's crazy that there isn't a Register of Wills but solicitors often phone around an area, asking fellow solicitors if they hold a will for recently deceased parties, so they do try to track it down.

shaggedthruahedgebackwards Sun 14-May-17 22:28:27

You need to write a will or it will go to siblings even if you are estranged from them

MrsBertBibby Sun 14-May-17 22:29:51

If you die intestate your sibling will inherit. So make a Will benefiting charity or someone you think would deserve it, and make sure people know about it.

OhBlissOhJoy Sun 14-May-17 22:32:48

Thank you, I am glad I posted. I didn't think that was the case with no will so I will make sure I do something about it.

NellieFiveBellies Sun 14-May-17 22:34:32

It won't matter that you don't speak to your sibling. They are your next of kin - they get everything.

If that's not what you want. Make a will. I read somewhere that you need to either give a token or state you are intentionally leaving nothing in order to minimise risk of challenge.

But I am not an expert and I am only going on what I have heard, but it's worth asking someone.

MilkTwoSugarsThanks Sun 14-May-17 22:40:50

Shameless plug here, but there's a Will Writer on here called Mumblechum. She's got an ad in the Small Business Ads section )not sure what it's officially called) 'cause she's doing a special offer on Wills for MNers.

KERALA1 Sun 14-May-17 22:43:47

Find a reputable solicitor, appoint them as executors and store the will with them, so it will get dealt with then, though they bill your estate. Then leave to charities or deserving people you know. Otherwise yes will go to your siblings equally.

Siblings wouldn't realistically be able to challenge unless you were supporting them.

roywoodsbeard Sun 14-May-17 22:45:30

Yes, it would go to your sibling if you died intestate. As you say you have no one you would want to leave your estate to - perhaps consider leaving it to your favourite charities?

OhBlissOhJoy Sun 14-May-17 22:51:07

@Mumblechum are you here? grin thank you.
I will absolutely state she is not to get anything.
And, yes, am actively involved in a couple of charities so not sure why I didn't think of leaving to them!

MilkTwoSugarsThanks Sun 14-May-17 22:57:37

Sorry, I got her MN name wrong!

@mumblechum0

Of course she might have the tagging facility off! I can PM her if you like?

OhBlissOhJoy Sun 14-May-17 23:09:43

Yes please Milk flowers

mumblechum0 Mon 15-May-17 10:05:08

Thanks so much for the plug Milk flowers

OP, it would be very straight forward for you to make a will leaving your estate to your preferred charities, and if you decided to come to me I'd also ensure that a clause was inserted to say that, if those particular charities didn't exist at your death, your Trustees would pay those gifts to other charities with the same aims and objectives.

Gifts to charities are exempt from Inheritance Tax by the way.

whatcanIdo1 Mon 15-May-17 16:53:51

I read somewhere that you need to either give a token or state you are intentionally leaving nothing in order to minimise risk of challenge

Yes I have read this too - not sure if it stands with siblings though?

Second MumbleChum smile

mumblechum0 Mon 15-May-17 17:06:23

Thanks flowers WhatCanIDo.

It is sometimes appropriate to give a small lump sum to someone who may otherwise be minded to have a go at making a claim, however the OP's sibling wouldn't have a "reasonable expectation of provision" in my view and certainly isn't dependent on her so I wouldn't advise giving her anything.

OhBlissOhJoy Wed 17-May-17 17:48:11

Thanks everyone, @Mumblechum0 I will PM you smile

mumblechum0 Thu 18-May-17 18:16:08

Thanks Oh Bliss, I've responded to your PM. smile

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