Parents have no will- complicated estate, help!

Edit: England & Wales

Doesn't actually sound complicated, rules of intestacy will apply, as posted above.

Remember, it is unlikely they both die "together" (and there are provisions around this as well), so there are going to be 2 estates - first with a portion going to the other spouse and second just to the offspring.

Understand the intestacy rules.
Explain to each of them the consequences and the ability for them, now, to make their own choices if they want to leave their estates otherwise.
Offer to assist them if they need help in making their wills.

Then, back off.
It won't make any real difference to the execution.

It is called “dying intestate”. You can google it but basically (assuming you are in England or Wales):-

The living spouse will get 100% of all joint assets (so joint bank accounts and the house if (and only if!) they are joint tenants. These are joint assets so not part of the estate.

Then the living spouse gets the first £322k (check that number!) and half of the remainder. The other half is split between all children of the deceased.

When the second parent dies (assuming still no will) then it will be split between that spouse’s children.

So your mum needs to outlive your dad basically to cut out his other kids. (Or write a will herself!)

Where it gets interesting is if they both die in a car crash. If one lives long enough for the emergency services to arrive then they get everything. If they are both dead then it is assumed that the younger one died last. It is for this reason that wills generally say “if my spouse shall outlive me by at least 30 days….”

Ah yes that's a good point re joint property held as joint tenants. The survivor will own 100% of a house if that applies. Then if they have no will.and don't remarry, their own children will inherit everything equally. That's the advantage of having a Will in a blended family. It means the children of one half don't potentially get disinherited unless intentionally.

Not quite right. The first chunk goes to spouse and then the rest is split 50/50 between spouse and all his biological (or adopted) children.

Scottish law is different to England wales on this

If they have no wills, and assuming none of you is being supported by them and financially dependent then these are the rules.
https://www.gov.uk/inherits-someone-dies-without-will

The key questions are ;
How much money and property do they own.
Are the accounts and property owned jointly (aka Joint Tenants for houses) or separately (aka Tenants in Common for houses)?

Anything that's owned jointly goes straight to the other spouse on their death regardless of wills or intestacy laws.

If they died literally together, eg in a plane crash then the law assumes that the elder died first, just as a tie-break provision.

It also depends on whether they are married to each other - I don't think you've said that in your OP (apologies if you did), but that will make a big difference.

Depends on who dies first and england vs Scotland but I think on first death all goes to the spouse, if they are married. Are they?

Which country do you live in ? The rules are different between England and Scotland.

I think that you’ll need a lawyer and it could depend on which parent passes first.

If your dad dies without a will then he is classed as intestate and the rules of intestacy apply.
Are your parents married?
If yes first 320k ISH goes to his wife and anything above that is split between all his biological children as far as I am aware

Look up the Intestacy rules if you are in England and Wales which will give you a blueprint. Spouse gets the first £322,000(I think roughly) and half the rest. Remainder gets divided equally between the biological children of the deceased.

If the spouse then dies without a will, the same rules apply to everything he or she owns themselves and whatever they inherited from the first to die (if they do not remarry only the spouse's biological children inherit equally).

Only spouses and blood relations inherit under intestacy.

Hi OP, I understand your frustration - and no I don't think it's money grabbing - it's more about not being left with a mess to deal with after they are gone.

I'm in a sort of similar situation in that some of my siblings are no contact for years now. My mother hasn't made a will, she says she will but who knows, it may never happen.
If she doesn't when she dies said siblings will steamroll in and take over, and make things difficult and I have no comeback. It's not that I don't want them to get anything, it's just that I know they will make things hard for the sake of it, and this could be easily solved by making a bloody will which states quite clearly what they are entitled to.

Could you lean on your mother a bit, as she seems more amenable to it - she could persuade your dad to make one. Or at least get her to make one for herself.

I think it's incredibly selfish to not leave a will knowing there is a fucking mess left behind that your children will have to deal with.

You, and they, need legal advice. IANAL but I would presume that in the absence of a Will everything goes to the living spouse on the death of the first parent and then it is up to them what happens. If the second parent also has no Will then it will be divided between their next of Kin.

If they die doesn't any money go to the state??? Not entirely sure on that. A will would help clarify matters though.