Dying without a will?

kazd

I was always under the impression that if a person died intestate then the estate goes to probate and tax of 40% is paid regardless of how little the estate is, thinking under £100k here.

We don't think FIL has a will either his estate is more in the region of about £250k. MIL died years ago and I am not sure if she left a will but reading some of these boards it seems like maybe Hubby and SIL should have inherited some of the estate. It was only at the level it was because MIL built it up, FIL and has now gambled and drank most of it away.

Murdina

Intestacy or a will has no bearing on IHT which is paid on the estate to extent it exceeds nil rate band for IHT and taking into account any other reliefs and debts. However intestacy can make the administration of the estate longer and more complicated. I doubt there is anything you can do about your late mil (bear in mind that if they owned their house as joint tenants not tenants in common that would have passed to fil irrespective of will or intestacy so if intestate I think only rest of estate liable to the rules - this may explain why some posts suggest your hubby should have got something when he did not). If fil's estate really is £250k then no IHT but making a will generally a good idea whatever.