if you don't have a will can you answer please?

Ol_Jay

74jax wrote: »

Can you elaborate for me, it might help me convince him to make one.

At the moment me as his wife and his mum as sill alive would inherit if he died without one.

I'm trying my hardest to get him to do one using will aid, so need all the ammunition I can get.

Sorry for only just replying,though other,better,responses have been posted already :cool:

I can only go on my own personal experiences, I am currently involved in two intestacys, and those i've heard/read about not least on the Probate sub board here.
Everyones situation is obviously different.

Ironically,in the one case,when it's eventually sorted, I am going to benefit where perhaps I wouldn't have, had it been a will. He was our half-cousin (once removed to me). He had no other family apart from the three of us,but perhaps he might of preferred for it to go to friends or charity,who knows.

The other recent case is not clear,opinions differ within the family as to that relatives wishes and what's fair and equitable.
Personally,I am losing out on that one, compared to if distributed purely under the intestacy rules, as compromising in the spirit of fair play etc

Butterscotch-

We've just never got round to it

Could someone explain what would happen in the case of unmarried, no children, joint (mortgaged) owners of house(£300k), car each and double figure savings each? My understanding is house to partner but rest to parents/siblings (including all person belongings?). Is that correct?

raven83

Quick question whilst on the subject of will, will keep this brief.......

Ex was left in his great aunts will that passed away last year, 3 other people were left in the will, including the aunts niece, ex's mum. Sadly, the ex's mum passed away suddenly shortly after the aunt had died.

Since then the estate has been sorted and the aunts house sold and my ex got his share, but this is the bit that I am wondering about- now that his mum is no longer part of the will, what will happen to her share? In the will it never named ex's dad as part of my ex's mums share, it just said XXXX name and ex's dad still hasm't received his share, which is strange as everyone has, so I am wondering what will happen to it? People seem to think as the nieces husband wasn't specifically named, it will go to the next blood relative which is my ex, as he is an only child?

Does anyone out there have any understanding about these sort of things?

jackieblack

raven83 wrote: »

Quick question whilst on the subject of will, will keep this brief.......

Ex was left in his great aunts will that passed away last year, 3 other people were left in the will, including the aunts niece, ex's mum. Sadly, the ex's mum passed away suddenly shortly after the aunt had died.

Since then the estate has been sorted and the aunts house sold and my ex got his share, but this is the bit that I am wondering about- now that his mum is no longer part of the will, what will happen to her share? In the will it never named ex's dad as part of my ex's mums share, it just said XXXX name and ex's dad still hasm't received his share, which is strange as everyone has, so I am wondering what will happen to it? People seem to think as the nieces husband wasn't specifically named, it will go to the next blood relative which is my ex, as he is an only child?

Does anyone out there have any understanding about these sort of things?

Try posting here http://forums.moneysavingexpert.com/forumdisplay.php?f=217

Mojisola

Butterscotch- wrote: »

Could someone explain what would happen in the case of unmarried, no children, joint (mortgaged) owners of house(£300k), car each and double figure savings each? My understanding is house to partner but rest to parents/siblings (including all person belongings?). Is that correct?

http://old.tollers.co.uk/system/docs/194/original/Rules%20of%20Intestacy%20Flowchart.pdf

Everything that isn't jointly owned would go to the parents.

Mojisola

raven83 wrote: »

Ex was left in his great aunts will that passed away last year, 3 other people were left in the will, including the aunts niece, ex's mum. Sadly, the ex's mum passed away suddenly shortly after the aunt had died.

Great Aunt died first. Ex's Mum inherited from her estate (even if the estate wasn't settled when Mum died).

Mum's share of Gt Aunt's will is distributed according to Mum's will or the intestacy rules.

Butterscotch-

Mojisola wrote: »

http://old.tollers.co.uk/system/docs/194/original/Rules%20of%20Intestacy%20Flowchart.pdf

Everything that isn't jointly owned would go to the parents.

Thank you. I'm in Scotland, I should have mentioned in case that makes a difference.

Mojisola

Butterscotch- wrote: »

I'm in Scotland, I should have mentioned in case that makes a difference.

Yes, it does.
https://www.brightadviser.co.uk/downloads/PC1645A.the-rules-of-intestacy-S.pdf

Spendless

74jax wrote: »

Maybe that's why he's so anti kids too:rotfl: I'm pretty sure it is just what he says tho .

we sat in the solicitors and really couldn't bare to say my wife gets 50%, my mum 30% etc, he just couldn't do it, he said it's openly saying I love you x amount and you x amount. He'd rather just not deal with it. Ridiculous if you ask me but nothing I can do .

Hmmm have you tried finding out the root cause of why he feels this way? Having read your posts on here he also wasn't prepared to make a will that stated he left his estate to the rules of intestacy, suggesting to me that whilst he's prepared for someone else (ie the law) to say who gets what, he isn't (even if they're both saying the same thing). Anything in his past to make him feel like this, a will he was/wasn't included in as a beneficiary? Someone telling him they loved someone else more? An old employers benefit scheme which specifically excluded people which he didn't agree with? Anything like that?

74jax

The only Will he has been involved in was his Dads. His dad left everything to him, and it was a considerable amount. Hubby's sister and his dad were estranged right up until the end when on his death bed his dad asked him to make sure his daughter (hubby's sister) would be ok (as he'd obviously wrote her out of the will). Hubby was fine with this, it was his dad's last wishes and halved everything he was left after it came to him. So there was no controversial will or anything like that. When I asked him to read this thread and make a will to follow the intestacy rules, he said why bother make a will to say what will happen anyway.

The part about the 'law' saying who gets what is really how he feels. In the solicitors when we were writing mine, that's exactly how our solicitor put it. He said to hubby so rather than you say x gets this and y gets this, you're happy for the government to dictate how it gets split and he said yes. He did start to make a will when i was doing mine, but when it came to what his nephews got etc he couldn't do it, he said it was like saying uncle x loves you this amount only......

Recently he said he would make a will leaving everything to me if I would make sure all his family were looked after.......... i thought I was getting somewhere with this and asked how much he would like distributing to his nephews when 18 etc and he then said he couldn;t make that decision. I said it's no good leaving me hundreds of thousands of pounds to give out to people when he can't tell me how to do it, so we left it...... again.