Questions - Death of Relative, Inheritance, Debts

tyllwyd

simmed wrote: »

I know it's a long shot, but are there are no clauses or the like which say that, for example off the top of my head, 10% of the value of the will must go through to the intended target? Or something along those lines.

That doesn't make any sense - if your relative had £100 in assets and £100 in debts, then their estate is £0 - so they don't have anything (or even 10% of anything) to leave to anyone else.

The entire value of whatever is left in the relative's estate is distributed according to their will - but that is only after the debts, tax etc have been paid.

DevonGirl

I don't think it's as simple as some posters are suggesting. It all depends upon the exact family connection you are to the relative.

Who gets the estate if someone did not make a Will?

The right of a person to benefit on intestacy depends on their relationship with the deceased and whether any closer relatives have survived. The general principle is that the estate is shared by the relatives in the highest category, to the exclusion of relatives in a later category but it is more complicated if there is a surviving spouse.
The spouse has priority over all other categories of beneficiaries, but may have to share the residuary estate with other beneficiaries. If the person who dies intestate has no surviving spouse or civil partner, their estate passes to the following in order:

• Their children, subject to the property being placed in trust but if none, to
• Their parents, equally if both alive, but if none to
• Their brothers and sisters subject to the property being placed in trust but if none to
• Their half brothers and sisters subject to the property being placed in trust, but if none to
• Their grandparents equally if more than one, but if none to
• Their uncles and aunts subject to the property being placed in trust, but if none to
• Their half uncles and aunts subject to the property being placed in trust, but if none to
• The Crown.

This clip is from http://www.desktoplawyer.co.uk/dtl/index.cfm?event=base:article&node=A76045BD76303 but if you Google 'dying intestate' (i.e. dying without a will, there are lots of sites on this).
As far as I can see, creditors have to apply to the 'estate' for any monies owing. A lot of it would depend on whether the debts are in sole name only or in joint names.

simmed

DevonGirl wrote: »

I don't think it's as simple as some posters are suggesting. It all depends upon the exact family connection you are to the relative.

Who gets the estate if someone did not make a Will?

The right of a person to benefit on intestacy depends on their relationship with the deceased and whether any closer relatives have survived. The general principle is that the estate is shared by the relatives in the highest category, to the exclusion of relatives in a later category but it is more complicated if there is a surviving spouse.
The spouse has priority over all other categories of beneficiaries, but may have to share the residuary estate with other beneficiaries. If the person who dies intestate has no surviving spouse or civil partner, their estate passes to the following in order:

• Their children, subject to the property being placed in trust but if none, to
• Their parents, equally if both alive, but if none to
• Their brothers and sisters subject to the property being placed in trust but if none to
• Their half brothers and sisters subject to the property being placed in trust, but if none to
• Their grandparents equally if more than one, but if none to
• Their uncles and aunts subject to the property being placed in trust, but if none to
• Their half uncles and aunts subject to the property being placed in trust, but if none to
• The Crown.

This clip is from http://www.desktoplawyer.co.uk/dtl/index.cfm?event=base:article&node=A76045BD76303 but if you Google 'dying intestate' (i.e. dying without a will, there are lots of sites on this).
As far as I can see, creditors have to apply to the 'estate' for any monies owing. A lot of it would depend on whether the debts are in sole name only or in joint names.

How then do you "apply" for the inheritance, i.e. if it is sitting in a bank account uncollected, debts exist, but haven't been paid?

sp1987

Tread very carefully where inheritance is concerned. If money is not distributed correctly those who have distributed it (an executor/executrix under a will) or an administrator/trix can (will) be personally liable for losses to the estate. If there is no will one can apply for letters of administration (as opposed to there being a will with named executors, then they would need to obtain a grant of probate).

Discussing priorities where there is no will is a secondary matter to the contents of the estate to be divided. Who gets the first share of nothing is not as important as 'is there something left?'. Plus, the OP states that they are the only living relative, so we have to take this as fact. You obviously take priority if you are the only living relative as there is nobody else above you on the list. Property will only go bona vicantia to the crown where there are no other relevant persons.

As I say, you need advice based on your circumstances, CAB for free. I would never ever touch an estate without having the advice of a solicitor but obviously the costs are prohibitive to most.

sp1987

I have found some links relevant to the debts of a deceased person that hopefully explains it quite simply.

Here I have linked to point 13 regarding debts of the deceased...but eg no 8 is relevant too (who takes charge when there is no will)...and so will many of the other points for your reference. It is pretty much the easiest for reading link I can find for a layperson.

http://www.communitylegaladvice.org.uk/en/legalhelp/leaflet10_13.jsp#what%20if%20there%20isnt%20enough%20money%20to%20pay...

Direct.gov has a little page too with links off it...but is not as much use for this as it is not so on point...

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013093

sp1987

DevonGirl wrote: »

I think you need to speak to the executor of the estate left by your relative. A good site that I've come across is:

http://www.co-operative.coop/legalservices/probate/

They (the Co-op) offer free probate advice and support. Just to add though, that these things can take months to sort out so don't expect a cheque in the post by return!

If there is no will, there will be no executor. An executor is an individual or group of such persons expressly provided for within a will. Where somebody dies intestate there is no testimony to follow, thus there can be no executor. Letters of administration are applied for where a person dies without having made a will and the estate needs to be taken care of. I would assume if there are no other living relatives then the OP would be the one applying for the letters of administration.

As previous, speak to the CAB/Community legal advice for specific assistance in dealing with your situation. Legal advice from the internet can be at best, unreliable when circumstances vary and at worst, absolutely wrong.