My parents think they don't need a will?

As someone deal with the estate of someone who died intestate, get them a will. It is so much harder and more expensive without one.

I don't know the rules in Australia but, others have pointed out, without a will it isn't a given that the surviving partner inherits everything.

So tell them it will cost more or tell them their wishes won't necessarily be carried out, whichever you think will carry weight!

I'm doing a will at the moment as an executor and I also did my PILs.

It's bloody hard enough and time consuming enough with a will in place.

They do need to make wills. It's very selfish of them not to.

Good question OP.

I’m recently NC with my dad (awful abusive manipulator) and he used to try to use inheritance as a means to control me and my sibling (hence NC). The way he would talk about it, he’d have changed it 4/5 times over the years if he wasn’t happy with us, in will/out of will…

I’m wondering what happens if we can’t find a will? He’s not married and he supposedly names me and my sibling but again he’s knocked us out then added them out again so god knows what the latest one is?

What if you can’t find a will even if there is one?

It's not just a will, though. They should be giving you a list of all their bank accounts (not passwords) and phone, electricity, water etc providers, so that you can inform them if need be that they've died. As it stands, everything would go to you and your sibling when they both die, but unless you two do get on very well there could well be arguments about who gets what in terms of smaller items from their home. It's very unfair of them not to sort that out.

Without a will, the estate doesn't automatically pass to the surviving spouse, only the first £322k does, the rest is split between DC, which if nothing else, may have inheritance tax implications.

I don't know about Australia but in the UK writing a will is as simple as writing down your wishes and getting two people to witness it. That's it. No need to pay anyone or register it, just write it, get it witnessed and then keep it somewhere safe.

Just so your parents know what will happen to their estate

https://www.hughjames.com/app/uploads/2023/07/Intestacy-rules-flow-chart.pdf

Also there are issues around what happens if they need care & IHT which can be resolved through a will

How large is the estate and where are you? But yes without a will there is no guarantee it will all go to the surviving spouse

They do need a will but as long as they understand what may happen if they dont then its their choice
It will be a mess to sort out but sounds like your Dad doesn't care

They should have a will and would also strongly advise a financial and health lasting power of attorney. If your relative is ill in hospital and you do not have health LPA then the hospital will have to make decisions regarding treatment. If there is an LPA in place then the nominated person decides.

This is separate to a financial LPA. Make your parents aware that if they do not put in place a financial LPA while still healthy that it is not possible to do it once they become unable to make decisions. You as relatives would have to apply for deputyship which is a long and costly process.

no LPA

I’m not a legal expert but having recently dealt with two deaths, one with a will and one without I would strongly recommend people having them. Wills are also not particularly expensive. In my experience they helped in:-

1. Reducing the amount of stress for the Executors/next of kin (who are grieving) by reducing the amount of bureaucracy. Being an executor, I found it much easier to deal with Banks, insurance companies, Pensions, etc (because there was a will in place).
2. Avoids intestacy rules. Which can be time consuming and expensive to sort out. In my case it took at least six months longer to sort out.
3. Wills can be written to help reduce the amount of Inheritance Tax the estate has to pay.
4. Means that it is easier not to use a solicitor for probate, which can be expensive.

Without a will then the intestacy rules apply. Clearly anything your parents own as joint tenants pass under the rule of survivorship but anything in sole name would be affected. But why make things anymore complicated than they need be? Get a will drawn up and appoint an executor- easier for everyone.

So the spouse who dies first would want the surviving spouse to inherit everything? Under intestacy laws, this may not happen particularly if the estate is more than £322k. Probably easily resolvable if you all get along well but extra hassle nonetheless.

It also leaves the grieving spouse and family a mess to sort out...
'oh, they promised me I could have XYZ' etc.

If a person dies intestate, ie. without a will, then their estate does not automatically pass to a surviving spouse. The intestacy rules apply and depending on the value issue (children) will be entitled to a share. If the marital home and any other property is held under joint tenancies, they will pass automatically to the other party so this may not be a problem.
It is so much easier for a surviving spouse to deal with a partner's estate if there is a will in place and they are relatively simple to draw up. Most charities offer free or reduced cost wills in return for a donation.
Tell your parents to stop being so bloody selfish and get it sorted. You have enough to do without babysitting fully grown and capable adults.

The is has just reminded me to get a new will sorted. It can be done easily online for little money. There’s no reason for it to be complicated for them if they just say to split anything after they both die between you and your brother. Then it’s your wills that decide for your children etc

It’s just all much easier if there is a will and executors - it’s a kindness to you who are left behind.

Does he just not want to think about it and not care what happens, or does he genuinely think there is no benefit to those left behind in him having a will?

What does he assume will happen, and is he right?

Your parents do need a will, everyone should have one especially if they have children. How the estate is split depends on it's value, if it's over a certain amount portions can go to children. Plus of course it's so much easier if wishes have been discussed in advance. Some people find it hard to acknowledge that they are actually going to die, but we're all in the same boat here.

I am not a lawyer, but if a widow or widower dies with no will (having inherited from their deceased DP), does not their estate get divided equally between their offspring? So you and DB would inherit half each of the value of the estate? However details such as who gets what particular items would need working out between you.

As far as I'm aware everyone would have a will. I have one. It's the sensible thing to do a part of being a responsible adult in my view. Ultimately, their choice, all you can do is help them be adequately informed about their decision not to have a will.