DHs sister died intestate.

[goldenharvest]

She was in very poor health and didn't survive covid. Dh didn't really get on with her and very little contact over the years, but he is one of 3 brothers and has ended up being the Administrator of her affairs. He gets on well with his younger brother, but the older brother has been estranged from the whole family for years. Had zero contact with late sister.

She has left around £12K and DH and younger DB initially decided to split the money between themselves and not contact older B (don't know his address anyway). Funeral is paid for.

I pointed out this is entirely illegal and they will have to pay the money back and also any legal fees older B incurs. So they decided to put the third share into an account and leave it there for a year to see if he claims it.

My questions. If after a year (or before for some reason) they decide to spend this money, will it be DH (as he is the administrator) who is liable or jointly? Is my advice the best option. Ps they both hate the older B for genuine reasons so don't want to do him any favours.

We did think about donating to the church who supported SSis but Dnephew is desperate for a new wheelchair and we want to put the money towards this.

Your DH will remain liable to pay the other brother the money as administrator of the estate even if he waits a year and it isn't claimed. Brother may also be able to claim interest. Personal relationships aside, your DH has a duty to the estate and all beneficiaries so he should contact the brother and ask for account details to pay his share into.

I am bit shocked actually.

My mum and her sister are no contact as she is toxic. When their mum died, my dad was one of the administrators for the estate.

He not only followed the law to the letter, but made sure that there was a paper trail to prove that. Not really because he expected comeback from my aunt, but as the morally responsible thing to do when given this duty.

They need to make an effort top contact the brother. They may need to spend money from the estate to trace him. That shoudl be documented too.
Once they are sure they have a secure address, they should send the money to him, with copies of the details as to how the estate was wound up.

Yes it is illegal.. and could end up costing you more in solicitors fees if brother contests it .
A close relative tried to do this to me in the same situation .. and it cost me nearly £4k to get it sorted .

I was the one being left out btw in her favour because she considered that I wasn't ' morally entitled'

Your DH is personally liable.

We are on the other end of this but it was borne out of not reading a family tree properly rather than malice. A year on and ALL the monies are being returned at the moment. People who got £120k last year are now only getting less than £20k.

Your DH needs to do the right thing, sorry.

They should make every effort to contact the other brother I think

This is a legal issue, not a moral one. Your DH and the younger brother don't get to decide whether he's 'worthy', he's entitled by law.

It will be your DH who would be personally liable as administrator if they did this. However much he and his brother hate their sibling, your DH is under a duty to trace him and give him his share of the estate.

Thanks I've told him this, so hope they do the right thing.

We thought we couldn't find a beneficiary of a will we were sorting years ago. Solicitor suggested adverts in local press, all sorts of things.

Facebook was very new but a simple search found him.

They have to at least attempt to contact him.

Just my view but I also think it would be good to give something the church that supported his sister. I appreciate your nephew's need for a wheelchair but will that take up the entire 12K? The church would probably be very grateful for even a modest donation. For my dad in his last years, church support was invaluable.

Just to confirm that your husbands sister had no children or grandchildren and her parents are also deceased?

The gov site suggests parents take priority over siblings. (In England that’s the option I chose to check)

www.gov.uk/inherits-someone-dies-without-will

@GooseberryJam It's a 3 way split so only £4K. Wheelchair costs £6K. If not it would definitely have been donated somewhere. My BILs wife is dying so it's up to him what he does wit the money. The third share is going into an account for the 3rd brother. We have contacted his daughter (also estranged from him) but she will contact her brother who will inform him, so the money will be there for him.

@Winter2020 No parents, no children, divorced, so her brothers were her only NOK.