Inheritance question

shirlgirl2004

My brother is likely to die in the next few weeks. He has 2 children aged under 16. I understand that they will inherite everything. However can it be put in trust for them until they are 30 (which is what my brother always said would be his wish) or would they get it all now or at 18? He can't make a will now and would not want the children or their mother (lived with but never married and separated about 8 years ago) to get the money now. Advice please.

mountainofdebt

sorry to hear of your brother's prognosis but as far as I am aware, if he doesn't make a will now and expresses his wishes his children will inherit everything now.

When you say he can't make a will are we talking because of timescales or some other reason?

shirlgirl2004

He is in a vegetative state. His Dr has decided to withdraw treatment (not food or fluids) from him against family wishes. We are looking at a legal challenge to this but we are unlikely to succeed.

mountainofdebt

I'm sorry to hear that
X

kazmeister

Hi shirlgirl

Really sorry to hear of your poor brother. I think you need to get legal advice or at least that of the CAB as soon as possible as I am not sure, but his legal next of kin might be able to take control of his affairs (as he is unable to do for himself). If the children are aged under 16 and inherit the mother could effectively take control of any monies they receive and there have been cases where when the children are old enough, there is nothing left. This did happen to my DH but was a lot of years ago so things may have changed.

I wish you all the best under difficult circumstances

Running_Horse

My will pack says money can be held in trust for children until 18, 21, or 25, with 18 being most common. I wouldn't be so sure the mother is not entitled to anything, and your first post is not clear if there is a will or what it says. But without the full facts it is impossible to know. You need good legal advice.

shirlgirl2004

There's no will. I don't want to start down the legal road yet. We have enough on our plate dealing with the solicitors regarding getting the Drs decision overturned.

My understanding is that there is no legal definition of next of kin with regard to controlling ones affairs etc.

Errata

So sorry to read your sad news. The rules of intestacy come into play if someone dies without making a will.

info on rules of intestacy http://www.adviceguide.org.uk/index/family_parent/family/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

kazmeister

I was thinking of power of attorney but looking at it I think i understand that they can only appoint someone when they have the mental capacity to do so. This link mught help for those who cant as in your brothers case
http://www.direct.gov.uk/en/DisabledPeople/HealthAndSupport/YourRightsInHealth/DG_10016888

whitfreak

Stuff can be written into trust for as long as you like and it can be structured in different ways (e.g. whether any income is paid out or kept in the trust). Although in this case it would be traditional for the trust to run until they are 18/21/25, there is nothing stopping 30 being the relevent age.

However, unless a power of attorney allows you to write him a will (I doubt it), I don't think there is any way of putting this into force. So putting it simply, without a will rules of intestacy apply and the kids split the lot.

tandraig

you need legal advice fast. there may be a way round this - where there is a law there is a loophole. would talk to a solicitor who specialises though as your average high street solicitor wont have a clue. look up a specialist online hun. good luck