my mum wont leave a will

xylophone

https://www.gov.uk/inherits-someone-dies-without-will

McKneff

Probate is only if there is a will.

xylophone

Probate is only if there is a will.

Where there is no will, a "Grant of Representation" is sought.

https://www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation

"4. Applying for a grant of representation
You can apply for a grant of representation yourself or use a solicitor.

There are 4 steps to follow.

Complete a probate application form.
Complete an Inheritance Tax form.
Send your application.
Swear an oath."

Mojisola

jamesd wrote: »

Don't get a payment plan for a funeral. They are poor value for money.

A pre-paid funeral can be very good value for money. My parents saved a lot of money by buying their funerals in advance.

Mojisola

princeofpounds wrote: »

Actually, you would pay the money into the estate and then half would be returned to you, and half would go to your brother.

This isn't necessary. The amount of the debt could just be deducted from the OP's inheritance.

woolly_wombat

jamesd wrote: »

When a person dies most of the banks will provide a cheque to a funeral director using the available funds in savings or current account. So you would normally provide them with an invoice from the funeral director and death certificate then they would provide that cheque. They would not normally restrict this to the executor or any particular person because it's going to the funeral director and has first priority over all assets in the estate, including before debts or anything in the will.

I can confirm that was what happened when my mother died nearly four years ago.

WW

woolly_wombat

takingcontrolatlast wrote: »

I feel sad for my brother as its going to affect him the most as mum wants everything left to him and if things arent sorted it will be a nightmare and he isnt strong enuf to deal with it.

It's up to your mum to make a will if that's what she wants to happen.

Otherwise the house will be sold and the proceeds split between you (as xylophone's link shows). If your brother is acting as guarantor for the mortgage then presumably he is earning a reasonable amount and can afford to pay the mortgage if your mum is unable to do so. In the absence of a will then it's my understanding that even if he is in effect having to pay the mortgage then he won't be entitled to more than a quarter of the proceeds.

Presumably in the worst case your brother would still be left with a sum that he could use as a deposit for a nice little place of his own?

WW

takingcontrolatlast

thank you all - i dont think my mum will get insurance with her health record but i will mention it to my brother as an option to look at. There is no spouse and we 3 siblings all want the house to go to my brother - there will be no problem there in contesting that. I think its between my mum and brother now, as mentioned earlier i have tried to express my concerns to them. And yes worse case is my brother may have a sum to start afresh with. i will do some reading on the links you have kindly attached ... im so grateful and its such a mindfield i feel overwhelmed but knowledge is good and being the oldest i feel a little responsible. thank you all again x

jamesd

greenglide wrote: »

Agreements over money rapidly fall apart, particularly if all your siblings are struggling with debt!

More so when creditors might object to them just giving away their inheritance instead of using it to clear debts. It'd be a particularly tough issue for any of you who is bankrupt around that time because the money will not be in their control but rather that of the official receiver, who will not simply renounce entitlement to the money.

Beyond just debt issues, each of you and your wives would have to choose between looking after your own children or your brother. Divorce issues alluded to by kidmugsy are also a possible complication.

The brother living in the house has an insurable interest in your mother's life and could, with her agreement, take out life insurance on her life with him as the beneficiary. He could use that to pay off the mortgage and this could be particularly useful if his income is too low to get a mortgage, or if his credit record wouldn't allow it. It's pretty unlikely that he really needs a whole house so downsizing might be the way to go.

It's also worth considering that in one case I'm aware of the sibling living in the home with the mother made a suicide attempt by overdose in a very public place the day after discovering the body. Not just death reasons but also the potential implications of losing his home.

takingcontrolatlast

thanks Jamesd, i will mention life insurance to him and i didnt even think about creditors though non of us are bankrupt and dont worry ill keep an eye on him. thank you for your time i appreciate it