What happens if there's no will?

terrylamps

Hi, hoping someone can just clear something up for my partners family.

If someone dies but there is no will what happens to their estate?

Her husband and parents died years ago and they never had any children. Would it go to her brothers/sisters? Would any brothers/sisters that have died before her still get a share that's passed onto their wife/kids or something (even if the kids are stepchildren) ? Or would it just be split between the surviving blood siblings?

The reason i'm asking is because one of her brothers recently died and they've just found out that his wife had been to see a solicitor before her husband died (they knew he was dieing) to find out what happens to his share if he died before his sister (This should give you some idea of what a money grabbing cow she is). Anyway, he didn't have any kids but he was stepfather to her kids. I'm guessing she's trying to make sure that she still gets his share.

None of the family have ever got on with her as she's basically all about the money and it's just riled everyone that she can be so cold hearted and calculated.

Hope i've mind sense

Thanks

Mojisola

I think this is a clear guide - https://www.youngandpearce.co.uk/intestrules.htm

Without a will, apart from spouses only blood relations count - unmarried partners, step-children, etc, don't inherit.

Rikki

The wife is first in line to inherit. If there is no wife or children then it goes to siblings.

daska

Her Majesty's Court Service have a useful flow chart that will help you work it out

http://www.justice.gov.uk/downloads/guidance/courts-and-tribunals/courts/probate/probate-guide.pdf

The simplified rules are HERE

terrylamps

Thanks guys. I'll check them links out but certainly sounds like she won't get a penny which is great news.

terrylamps

Where it says to 'whole blood' of brothers/sisters does it mean that any that have died before would still get their share but it will be passed down to any children they may have had?

For the record, no-one has any arguement with this.

terrylamps

Got the answer for the above. Just read further down :rotfl:

terrylamps

One last ? as i'm not sure if i'm reading it right. Would the estate just be split between her brothers and sisters equally wheather they are deceased or not (the deceased part passing down to their children if they had any) or would it be split between brothers/sisters and nieces and nephews as well?

And what happens if any of the brothers/sisters don't have any children?

Sorry for all the questions but i need to relay this back to the family so just trying to get as much info as possible.

daska

Take a look at the flow chart in my previous post. AFAIK it would just be the siblings and children of the deceased sibling.

Mojisola

She has no living spouse, parents or children.

If she dies without a will, her brothers and sisters will inherit. If any of them have died before her and have living children, those children will divide equally between them the share that their parent would have inherited.

If any of her siblings have died before her and have no children, that share will be divided between the living siblings.

terrylamps

Thanks again. I'll let them know what you've all said and show them the links you gave me