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Guidance needed

13

Comments

  • AHewlett
    AHewlett Posts: 27 Forumite
    madbadrob wrote: »
    Sorry on the loss of your uncle but at least now you can sort out your nans estate. Just remember that any residue of the estate should still be split two ways and you should pass your uncles share to the executors of his will and leave it for them to deal with how it is distributed.

    Rob

    Thanks Rob.

    We're not sure if he made a will at this moment in time.

    If he doesn't have a will, do we still have to give his share to his wife?
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AHewlett wrote: »
    We're not sure if he made a will at this moment in time.

    If he doesn't have a will, do we still have to give his share to his wife?

    It doesn't go to his wife - it goes into his estate and that will have to be dealt with either according to a will or the intestate rules.

    Your mother will have to find out who is dealing with his estate.

    His wife may end up inheriting but you can't pass it directly to her.
  • AHewlett
    AHewlett Posts: 27 Forumite
    My Mum spotted something in Nan's will and we're a bit confused, so I was wondering if anyone could clear it up for me.

    "If any child of mine shall die before me leaving issue who shall be alive or already conceived at my death and shall reach the age of twenty one years then such issue shall take absolutely and if more than one in equal shares the share of my estate which his or her parent would have taken if such parent had lived to attain a vested interest."
  • RAS
    RAS Posts: 34,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It means that if your uncle had children, then his portion of your nan's estate goes to his children, not to his estate (and therefore possibly is wife).

    Nan was looking after the grandkids rather than her in-laws.

    But since nan died before Uncle it is irrelevent.
    If you've have not made a mistake, you've made nothing
  • AHewlett
    AHewlett Posts: 27 Forumite
    RAS wrote: »
    It means that if your uncle had children, then his portion of your nan's estate goes to his children, not to his estate (and therefore possibly is wife).

    Nan was looking after the grandkids rather than her in-laws.

    But since nan died before Uncle it is irrelevent.

    Right, thank you.

    We still don't know if he has a will at this stage. His wife is obviously upset and any mention of Nan has her becoming very defensive and angry. Mum asked today if she knew where her ashes were, not a good time I think but she asked and she no clue.

    If I remember correctly, the funeral home said my Uncle took them though he told us they still had them. We can't remember the funeral home so we'll be calling them all to see which one it is.

    Thanks all for your info.
  • madbadrob
    madbadrob Posts: 1,284 Forumite
    Eighth Anniversary Combo Breaker
    If no will can be found then his wife will inherit all that is your uncles under the laws of intestacy. This is assuming your uncle doesnt have children then it is slightly different

    rob
  • My Uncle has a child who also has a daughter and another little one on the way.

    We still don't know at this point whether he has a will or not.

    However, there has been some good news, Nan's ashes have been found and their at the funeral home. The funeral bill has also been paid. Thank goodness.
  • madbadrob
    madbadrob Posts: 1,284 Forumite
    Eighth Anniversary Combo Breaker
    Ok if no will is found then he will be intestate. As he has one child the spouse will be entitled to the first 250k of the estate. The surviving spouse will also be entitled to a life share of any estate over and above the initial 250k. This means that whilst they cant spend that money they can spend any interest on that share. The other half of the excess would pass to the child of the deceased and on the death of the spouse the life interest would become theirs as well.

    Rob
  • AHewlett
    AHewlett Posts: 27 Forumite
    Hey everyone,

    We just got the bill for the residential home/council tax/and the bill where my Nan had to pay for her own food. The total bill is just over £66,000. We were told that because the flat might only sell for £40,000 then the residential home will take over £13,000 and leave the estate £23,250...I think.

    We will have to pay the Council over £1300 and if the flat is still empty until it's sale, we'll have to pay keeping council tax.

    Her food was £1300, I think. Then we have to pay £1400 to the estate agent.

    So, there's not much of a lost. We're still trying to find out if my Uncle has a will. It's just still very confusing over whether we pay his wife or his daughter. We'd like to set up some kind of trust fund for my cousin's children, instead of paying my aunt as my cousin doesn't want anything.
  • RAS
    RAS Posts: 34,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    It does not matter whether uncle had a will, his half of what is left from nan's estate goes to his estate. You cannot vary that.

    It is for aunt and cousin to sort out uncle's estate. Do not get mixed up in that. Your mum has to sort out nan's estate in line with the law; she cannot get involved in uncles estate.
    If you've have not made a mistake, you've made nothing
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