urgent help needed about inheritance 26 February 2012 at 9:22PM in Scotland 6 replies 1.4K views

comicgirl

Right here is where it gets complicated.

My brother died nearly 2 weeks ago and we are still waiting to find out what happened to him. it was a massive shock. Since then my father has come out of the woodwork with 1 of my 2 half sisters (his daughters in another marriage) after nearly 20 years of almost no contact. My brother refused contact with him in the last year.

We have been told (but my mother and i have been keeping details quiet) from my brothers employer that there is some type of insurance which could be a few tens of thousands. Obviously this money is for the funeral and other expenses but my concern is that my sister (full sister) and father could be in line to get a share. I dont want a share. its for my mum. she did everything for that boy.

So my family is this: mother who raised us and did everything
father who has had no relationship for the best part of 20 years and paid no support
full sister
2 half sisters on fathers side
1 half brother on mums side

how is it spilt if it is split?

i really dont want any of my sisters or my father getting their hands on it as they are the greediest people you could meet and wouldnt use any of their share to pay for the funeral

casey

Firstly, so sorry for your loss. I assume that your brother did not leave a will .I would imagine that with regard to the 'work insurance' your brother would have had to have named a beneficiary when taking out the policy you will need to speak to his employer.

mancitychick

Sorry for your loss. Funeral expenses are normally paid from the estate before it is distributed amongst the beneficiaries.

You need to find out from his employer whether the money is to go to his estate or whether they hold an expression of wish/nomination form for him.

Tigsteroonie

OP, are we talking English law or Scottish law?

You're in the Scotland area of the forum. Presuming you mean Scottish law, I suggest you read:

http://www.scotland.gov.uk/Publications/2008/02/26152921/5

This would suggest that the division is equal between your Father, your Mum, your sister & yourself.

cte1111

Here's a quote:
http://www.desktoplawyer.co.uk/dtl/index.cfm?event=base:article&node=A76045BD76303

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.

So presuming that your brother was not married or in a civil partnership and did not have children, his estate will be split equally between your parents (funeral expenses will be paid first before being split).

The insurance (and payout from any pension) will not necessarily form part of his estate. If your brother has nominated someone to receive these insurances, then it will go to that recipient(s). If not, then the trustees are likely to split as per the intestancy rules. It might be possible to make representations to them, not sure on the details of this.

sleepless_saver

cte1111 wrote: »

Here's a quote:
http://www.desktoplawyer.co.uk/dtl/index.cfm?event=base:article&node=A76045BD76303

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.

So presuming that your brother was not married or in a civil partnership and did not have children, his estate will be split equally between your parents (funeral expenses will be paid first before being split).

The insurance (and payout from any pension) will not necessarily form part of his estate. If your brother has nominated someone to receive these insurances, then it will go to that recipient(s). If not, then the trustees are likely to split as per the intestancy rules. It might be possible to make representations to them, not sure on the details of this.

The link you posted refers to English law on intestacy.

Tigsteroonie has posted the right info and link on Scots law.


You will need to get someone appointed to deal with the estate, if you phone your local sheriff court they can help you out - all this is covered in the link Tigsteroonie gave you. Try to do that as soon as possible, especially if you think other relatives might be a problem.

If possible, I'd try to get funeral costs met from the estate before it is split.

kayl

I am a Scottish solicitor.
First step would be to contact the insurance company to find out if the money is payable to your brother's estate or to a named beneficiary.
If the former, and assuming that there is no will, if he was unmarried and has no children, half his net estate would be divided between his parents, and the other half would be divided between his siblings.
If there is no will, a petition needs to be submitted to the Sheriff Court for appointment of an executur, and that could be any of the people who are entitled to share in his estate