Intestacy

tomstanley1

Hi everyone,

Looking for some more advice - we are dealing with the estate of my late Grandad, however it appears that the will *may* be invalid due to signature issues.

The will divided his assets amongst his four children. If the rules of Intestacy apply, his wife will inherit it all. Now, she has said that she has plenty already, so effectively doesn't need it and has said that she will simply re-distribute the inheritance amongst the 4 children.

My question is, is this completely legal, if she fully consents and wishes to? She would effectively be distributing the estate amongst the four children as described in the will.

Thanks,

Tom

Flugelhorn

My grandmother did the same, the will was witnessed but she didn;t actually sign it!
Had a deed drawn up and signed by all the children to say that they agreed with the will and that one child should inherit the whole estate. (she had lived with youngest child until her death).
It was a small estate, no inheritance tax

wwl

Probably worth seeking legal/tax advice, especially if anywhere near IHT threshold.
Is the estate above or below IHT threshold?
Might the wife's estate exceed the 2x IHT threshold?

She could gift the money to the kids, but if she then dies within 7(?) years there may be IHT issues.

getmore4less

The best way to deal with this will depend on the numbers.

A rough idea of what "I have enough" is and how much is in the pot to be inherited would help.

There is also the thorny issue of deprivation of assets again the I have enough pot will be usefull to give some guide.

edit : get her will checked promptly

tomstanley1

Thanks for the responses.

She has approx £35000 herself. The inheritance totals £60000 (£15000 for each child).

Her house is worth approximately £100000, so I don't think IHT applies as we are no where near the thresholds?

Thanks again for the advise so far

getmore4less

With those numbers £35k may not be considered enough from a deprivation angle.

Don't think the expense of a DOV is necessary for IHT.


Is the problem with the Sigs something the probate office have commented on, what sort of problem?

McKneff

£35K is not a great deal, especially if she Is elederly and may in the long term need care or if she needs to appy for certain benefits.


Unfortunately, in this day and age you cant just give your money away. Google
Deprivation of Assets.

jackieblack

McKneff wrote: »

Unfortunately, in this day and age you cant just give your money away.

Of course you can, it's just that there may be consequences to that decision later on

The statutory guidance in support of the Care Act 2014, states that deprivation of assets is where a person has intentionally deprived or decreased their overall assets in order to reduce the amount they will be charged towards their care and support. This means that they must have known that they would need care and support and have reduced their assets in order to reduce the contribution they would be asked to make towards the cost of it.

Keep_pedalling

You say it may be invalid which implies it could also still be valid, so the first thing to do is establish the wills validity. What exactly are the conserns with the signatures?

tomstanley1

Well basically the probate office called earlier on, stating that they are unsure on the 'wording' of the signatures and are having to conduct further checks with the witnesses.

Can I ask - if we deal with this through a deed of variation, would that reduce the possibility of being faced with the 'intentional deprivation' rule that has been described?

Thanks,

Tom

Keep_pedalling

tomstanley1 wrote: »

Well basically the probate office called earlier on, stating that they are unsure on the 'wording' of the signatures and are having to conduct further checks with the witnesses.

Can I ask - if we deal with this through a deed of variation, would that reduce the possibility of being faced with the 'intentional deprivation' rule that has been described?

Thanks,

Tom

If the PO do find the will invalid then a DoV will be nessasary to meet your Grandfather's wishes. I would have thought that should this be challenged by a LA as deprivation of assets at some point in the future it could be defended on the basis of that it was done on the grounds that this action was carried out to meet the wishes of your grandfathers will, but you should take some legal advice on this.

I assume this was a DIY will, if not you really should be going back to the "professional" who drew the will up to sort any mess they have left.