What happens if a person dies without leaving a will?

celticfc

Does anyone know what happens when someone dies without leaving a will?

My Mum is really really ill and and is unlikely to live more than a few days. As far as I know she hasn't left a will and I want to know what the procedure is in the event of her death.

I have two brothers and my Dad. I told my elder brother tonight that my Mum is desperately ill and dying, he told me he couldn't give a s.h.i.t. and slammed the door in my face. He's married and has always told the most awful lies and I think he's suggested a relationship with my Mum which is based upon lies to his wife and is absolutely terrified of being found out. He's avoided my Mum for years and this is the only thing I can think of. She has been really good to him and helped raise his son who is now 17 whom he had with a previous girlfriend. She found out the real person that he is and left him, which is a blessing. He a Walter Mitty type, everything is lies and he is so scared of his wife discovering the truth that he's hidden himself away from other family members. He made it clear tonight he wants nothing to do with her.

I don't know what to do in the event of my mum's passing and don't know what to do with her belongings. She has me as next of kin with her GP and hospital treatments, but I'm not sure if I am named as next of kin with regards to anything else.

Please don't read this and think I'm a vulture circling for the best bit's. I love my Mum dearly, she has been one of the most influential and important people in my life. I have spoken openly here before about my Mum and what she means to me. It's just that this is a situation which has developed in the past few days.

I took her shopping about 8-9 weeks ago and she collapsed. She was taken by ambulance to the hospital where they saw shadows on her X-Rays. They kept her in for a few days while tests were carried out. She was let home and came to stay with me for about two weeks so I could keep an eye on her. She then returned home and my Father, who is divorced from my Mum went to stay with her. He's been there with her since.

I went with her when she went for scans and test's and was with her when she was told she has Lung Cancer. She was due to start Chemotherapy but was told the tumor had increased and was affecting her breathing so instead she was told radiotherapy would be first with the Chemo to follow. I took her daily for her treatment which we thought was helping. That ended just over a week ago. I took her shopping last Wednesday and Thursday and she was ill but managing. She now has the use of a wheelchair and oxygen in the house to help her breathing. I then visited her with my wife and children on Friday and shared a meal with her, again she's ill, but managing.

I visited Saturday with my wife and I was shocked to see her condition. She was sat on her settee but looked as though she was dead. I can't explain how I felt seeing her from the previous day.

I have been there for some time today and she is deteriorating so quick it's unbelievable. There is a speciallist nurse going to her tommorrow and a hospice has been suggested for her. It is inevitable that she is going to die in the next few days such is the deteriotation. I'm not prepared though as it's something I've never had to deal with.

With my elder brother making clear his feelings tonight I want to make sure he does not gain from her passing. However if she's not got a will how can I stop him or prevent him from gaining from her inevitble death.

I'm uncertain what to do with my younger brother too, as his lifestyle is somewhat tainted with drugs and alcohol.

I'm torn in not knowing what to do, I really am. As close as I am to my Mum death is something we've never spoken about. I do know that she has already paid for her funeral. Following the death of my sister 10 years ago and the terrible time we had in getting financial help from the benefits system. They emptied my sisters bank account of the few pounds she had and put that towards her funeral.

My Mum's mum died a few years ago and left some money to my Mum in her will and my Mum has told me she's paid for her funeral. That is as much as it's ever been discussed. Over the past few weeks I have wanted to talk to my Mum but I didn't know how to raise it with her. She is just hanging on now and has terrible trouble speaking. She is mostly communicating with hand gestures. I need help because I don't know what to do for the best.

pboae

Are your Mum and Dad still married? Does she have much to leave?

Also, if she is still mentally capable, she can still make a will now, if she can communicate at all. Someone can go to her house and do it with her, you would need to speak to a solicitor about that though.

Savvy_Sue

I am so sorry, celticfc, this must be a very difficult time for you.

as pboae says, it's not too late for your mum to make a will, and she must surely know she is dying. The nurse going to see her tomorrow may - I'd say should - know how you could get this started, and even how to approach it with your mum.

If you don't know who your mum has paid for her funeral, or where you'd look to find out, it would be worth asking her. I know this isn't easy, but along the lines of "Mum, I hate to have to ask this, but you know you're very ill, and you know what a difficult time we had when Aunty died, and I know you told me you'd paid for your funeral now. Can you tell me where I'll find the details?"

Whether you go on to ask about a will or not, I don't know. But asking if there are any other important papers you should know about might be the right question.

But to answer your main question, if there IS no will, have a look here, there's a link to a chart which sets it all out.

kizzykizzywizzy

:A
Just wanted to send you my best wishes & hope when the time comes that your Mum passes peacefully.
Is there someone at the Hospice that can speak to her on your behalf? It would probably be easier for someone who isn't emotionally involved.
I would imagine though that you Mum, whatever's passed between her & your brothers would want to treat her children equally, however right this may be ( I may be wrong ) but never underestimate a mothers love.
Take care

virgin_moneysaver

I'm terribly sorry to hear about your mum - we went thru the cancer thing 2 years ago with a very close aunt, she knew she was dying so her & her husband sorted it all out before she died which was a lot easier for him, & believe me there was still a lot of paperwork to deal with as I did it for him

I believe that her estate will be shared equally between her children

waggys

I would query this with the CAB or a solicitor perhaps. If your mum does not leave a will and there is no spouse (as I think I have correctly worked out) then her estate will be liable to inheritance tax if it goes over the threshold.

I really feel for you having lost my own mum; words cannot make it better for you, just time!

Take care

onlyroz

Think it's called the laws of intestancy, where any inheritance passes down the bloodline and then back up it again, and then back down it again. So first inline for any inheritance would be the spouse, and then any children, and then any granchildren. If there is no spouse or children then it would go up to any surviving parents, and then down to surviving siblings. Not sure what happens after that, but google "intestancy", where I'm sure there is plenty of info.

But as far as I can tell from your described circumstances, your dad would inherit everything. If he then dies without a will any assets would be split between you and your siblings equally.

tigtag02

onlyroz wrote: »

Think it's called the laws of intestancy, where any inheritance passes down the bloodline and then back up it again, and then back down it again. So first inline for any inheritance would be the spouse, and then any children, and then any granchildren. If there is no spouse or children then it would go up to any surviving parents, and then down to surviving siblings. Not sure what happens after that, but google "intestancy", where I'm sure there is plenty of info.

But as far as I can tell from your described circumstances, your dad would inherit everything. If he then dies without a will any assets would be split between you and your siblings equally.

Intestate simply means that there was no will when they died. Unless I misread dad wouldnt inherit anything as they are divorced.

celticfc ~ I just wanted to send you my thoughts and prayers ~ I lost my darling mum on friday to this evil disease under very similar circumstances, dignosis only confirmed a week before her rapid deterioration.

I send you strength and you mum peace :A

onlyroz

OK, you might be right. Then in the OP's case any assets would be split equally between the OP and their siblings.

margaretclare

My deepest condolences and sympathies to you and your Mum. That said....

The time for tiptoeing around is over. You say your Mum has already paid for her funeral. That's one less thing to worry about, but you need to find out what the arrangements are - has she taken out a funeral pre-payment plan with a funeral director, if so you need to know which one, what the plan covers, what she would like. There are various options nowadays: service vs no service, if a service then what hymns, burial vs cremation, flowers vs donations to charity in lieu of flowers. From experience, it really is a comfort to those left behind to know they were doing what the deceased would have wanted.

Has she had a chaplain's visit at the hospice, and would she like one? Was she a church attender, or not?

Then there's the matter of her will. She can make her will, as long as she's mentally competent, right up to the last moments of life, as long as she's able to form her signature and have it witnessed by 2 independent people i.e. people who won't benefit under her will.

Your Dad has turned up trumps even though they're divorced (good for him)! but just because they are divorced, he doesn't benefit under the intestacy rules and he isn't her next-of-kin. Here are the rules: http://www.hmrc.gov.uk/CTO/customerguide/page14-5.htm

The problem is your brother who, as you say, doesn't give a s*** for Mum's situation. If she dies without a will then, according to the rules, there is nothing to prevent him from inheriting equally with you. Assuming that Mum has assets to leave?

Even more urgent that you persuade her to make her will.

HTH

PS: I looked at this again thinking you might perhaps be in Scotland - your username - but in fact the situation is exactly the same in England, Wales or Scotland. No surviving spouse or civil partner - the whole estate is inherited equally by surviving children, or their children if one of them has died.

Edinburghlass_2

I would also remember that if you do get your Mum to draw up a will, it will be her will and it is up to her who she leaves any money and/or belongings to. No matter what you think or has gone on in the past she has 3 sons and at this particular time in her life then her wishes may not be what you expect or think should happen.