Parent with no will

[xyzzyx]

Sorry didn't know where to post this.

Mum has no will but is married (not my dad) I have a sibling too.
What happens to her assets?
I really don't want her husband to get everything... but what is the procedure for this?

I understand that all her assets will go to her husband unless they've only been married for a really short time (even then he may still be entitled to everything). Sorry OP.

Which jurisdiction are you in?

I think this is up to date for the rules of intestacy in England and Wales

www.theprobatedepartment.co.uk/rules-intestacy-october-2014/

@xyzzyx if it is England and Wales this is the best authority www.gov.uk/inherits-someone-dies-without-will

In Scotland you can sue the estate for (I think) up to £10K. Very straight forward.

Can you not talk to your mum?
That would be my first port of call.

Explain your concerns and ask what she’d like to do with her assets.

If you’re in England her husband will get everything, unless she makes a will.

This is correct unfortunately x

Yes, quite correct. It's a conversation you need to have with her. She can write a will which leaves her house (if it was hers) to her husband in trust for his life and then goes to her children. However her husband may have a share in the house, or be on the deeds as tenants in common. She needs to make a will.

Gently tell your mum that if she wants you to have anything after she's gone, in English law, she has to state this with a solicitor. Telling your stepdad to pass things on to you isn't legal.

If she's worried about the cost of making a will, do a bit of research, find a price, a solicitor and get their contact details. It all makes it a bit easier for her to act should she want to.

At this point In time, under English law, you are not entitled to a single penny or item that hasn't already been given to you.

Thanks for reply's. Mum hasn't got good health and speech isn't good at all and she is unable to write due to a stroke. Will she still be able to do a will with someone even though she cannot sign her name .

Yes she can make a will but she'll need to involve a solicitor to ensure it is valid without a written signature and to check she is doing it with capacity and without coerced potential beneficiaries.

You not wanting her husband to inherit the estate might well raise concerns around pressurising her to change her will. Coercion is abuse.

She can make a will - it's essential that a solicitor or will writer meets with her and you or any other beneficiary mustn't be there so it can't be claimed you influenced her, often it is recorded as additional proof.

Do not skimp and try to diy it because its a difficult situation

It's not about the husband having nothing I just don't want him to have everything he's a horrible man tbh

He can be a mass murderer and she can still choose to leave it all to him. Her decision and clearly she doesn’t think he’s a horrible man.

That's as may be, but to be absolutely brutal, it's not about what YOU want. It's about what your MUM wants.

Definitely get a will made but if she decides that she wants him to have half, or two thirds or whatever, you will have to live with that. Get legal advice for her asap.

Unfortunately it’s not up to you.
As long as your Mum understands that with no will he gets everything and is happy with that then you should keep your nose out

Please help your mum as much as possible to make a will. A family member of mine died without one, and no-one had any disagreement as to what should happen to his worldly possessions, but it took longer to get things done after his death as a result.

If you mum wants her husband to get everything, that is her choice.

I think if she can make some sort of mark on the will then that will be witnessed as being her signature.

It depends on how much she has to leave. If her estate is likely to be above £270k it doesn't all go to her husband. Bear in mind that if they own their home in joint names it will usually go straight to him anyway, whether she has a will or not. Same goes for money in a joint account.

Work through this on the gov.uk website and that should help. www.gov.uk/inherits-someone-dies-without-will/y

Don't know what happened to that link! Try this one. www.gov.uk/inherits-someone-dies-without-will

But it’s not about what you want, it’s about what your mum wants. And if you go with her to a solicitor and start telling them what you want then, quite rightly, the solicitor will have concerns she is being coerced and won’t write it.

Given your mums poor health it is really important that if she does want to make a will she does it properly through a solicitor, getting a diy will from WH Smith’s will only lead to issues later. A solicitor will come to her house to take down her wishes and then again to get the signature of her will witnessed legally. Though they are likely to charge for this service.