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

18 replies

OhBlissOhJoy · 14/05/2017 22:11

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?

OP posts:
Makemineacabsauv · 14/05/2017 22:19

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

OhBlissOhJoy · 14/05/2017 22:21

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

OP posts:
senua · 14/05/2017 22:26

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 · 14/05/2017 22:28

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

MrsBertBibby · 14/05/2017 22:29

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 · 14/05/2017 22:32

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.

OP posts:
NellieFiveBellies · 14/05/2017 22:34

This reply has been deleted

Message withdrawn at poster's request.

MilkTwoSugarsThanks · 14/05/2017 22:40

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 · 14/05/2017 22:43

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 · 14/05/2017 22:45

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 · 14/05/2017 22:51

@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!

OP posts:
MilkTwoSugarsThanks · 14/05/2017 22:57

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 · 14/05/2017 23:09

Yes please Milk Flowers

OP posts:
mumblechum0 · 15/05/2017 10:05

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 · 15/05/2017 16:53

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 · 15/05/2017 17:06

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 · 17/05/2017 17:48

Thanks everyone, @Mumblechum0 I will PM you Smile

OP posts:
mumblechum0 · 18/05/2017 18:16

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

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