Law regarding intestacy

doug3101

My wife's mother is seriously ill and it is not expected to be able to hold out much longer.

She has not made a will and has just under £10K in a bank account.
Unfortunately my wife's sister is a nasty piece of work, we have recently found out that she obtained her mother's debit card details and has been using it to pay her Sky bills (she asked once and then used it a couple of other times and phoned after using it with a sob story)
What I need to know is, being the eldest, is my wife's sister classed as 'next of kin' and do the intestacy laws of 50/50 between them apply as there is no property involved? My wife is listed as n.o.k with the hospital but I have a real hunch that the sister will do her best to extract as much money from this as possible for herself.

I can't foresee that there will be much left after funeral expenses etc but I am concerned that if the sister gets her hands on a death certificate, she will be straight down to the bank and my mother in law's money will 'disappear', with no regard for a funeral.

This isn't about us getting anything. We actually think that my wife's father should get any remaining money as, even though they were separated, he was always been there for her.

I'm hoping that there is something lawful that can make sure things are done correctly

T.I.A

Yorkshireman99

doug3101 wrote: »

My wife's mother is seriously ill and it is not expected to be able to hold out much longer.

She has not made a will and has just under £10K in a bank account.
Unfortunately my wife's sister is a nasty piece of work, we have recently found out that she obtained her mother's debit card details and has been using it to pay her Sky bills (she asked once and then used it a couple of other times and phoned after using it with a sob story)
What I need to know is, being the eldest, is my wife's sister classed as 'next of kin' and do the intestacy laws of 50/50 between them apply as there is no property involved? My wife is listed as n.o.k with the hospital but I have a real hunch that the sister will do her best to extract as much money from this as possible for herself.

I can't foresee that there will be much left after funeral expenses etc but I am concerned that if the sister gets her hands on a death certificate, she will be straight down to the bank and my mother in law's money will 'disappear', with no regard for a funeral.

This isn't about us getting anything. We actually think that my wife's father should get any remaining money as, even though they were separated, he was always been there for her.

I'm hoping that there is something lawful that can make sure things are done correctly

T.I.A

You could alert the bank to the fraudulent use of the card. If she does go to the bank and clear the account out she will have to give an indemnity and the funds will be recoverable and the bank will chase her for the money.

BrassicWoman

Separated but not divorced?

doug3101

They were never married, she just took his name.

TonyMMM

doug3101 wrote: »

They were never married, she just took his name.

Then unfortunately he has no rights of inheritance at all. The intestacy rules say it will be 50/50 between the children.

doug3101

TonyMMM wrote: »

Then unfortunately he has no rights of inheritance at all. The intestacy rules say it will be 50/50 between the children.

I suspected that, it is a shame. My wife would insist he got something but I know the sister wouldn't agree to any variation.
The bit I'm worried about is that I read that someone does not need apply to administrate the estate if no property is involved, I'm not sure if that is correct.

Yorkshireman99

doug3101 wrote: »

I suspected that, it is a shame. My wife would insist he got something but I know the sister wouldn't agree to any variation.
The bit I'm worried about is that I read that someone does not need apply to administrate the estate if no property is involved, I'm not sure if that is correct.

It depends if the bank will release the funds without probate. Some will and others don't.

konark

Many banks would release 10 grand on production of ID and the death certificate. Contact bank the day your MIL passes to freeze the account. Best that your wife is the one who applies to register the death ( usually done by phoning registry office for an appointment these days) , then straight to the bank with the certificate, get some copies but don't give sister one.

doug3101

konark wrote: »

Many banks would release 10 grand on production of ID and the death certificate. Contact bank the day your MIL passes to freeze the account. Best that your wife is the one who applies to register the death ( usually done by phoning registry office for an appointment these days) , then straight to the bank with the certificate, get some copies but don't give sister one.

Thanks, as I said my wife is down as nok at the hospital so is first point of contact. I'm inclined to advise her to tell the bank that the 3 Sky payments must be unauthorized as her mother never had subscription T.V. as there is no way in the world that the sister will admit that she asked borrow the money ('borrowed' thousands, never paid back a penny!) meaning her estate will suffer. I may be stooping to a level but in the cold light of day, when funeral expenses, bills, rent etc are taken into account £10K is not a great deal.

macman

Since mother in law is not yet deceased, it is still possible for her to make a will as long as she is 'of sound mind'. Her illness may be physical, not mental.
Typical funeral expenses are around £4,000, and there may be other assets that the OP is unaware of.
The bank will freeze the account as soon as they receive a copy of the death certificate.

doug3101

macman wrote: »

Since mother in law is not yet deceased, it is still possible for her to make a will as long as she is 'of sound mind'. Her illness may be physical, not mental.
Typical funeral expenses are around £4,000, and there may be other assets that the OP is unaware of.
The bank will freeze the account as soon as they receive a copy of the death certificate.

Final stage COPD so oxygen deficient and not very responsive.
I think the best advice is to make sure no documentation is given to the sister and maybe impress upon her the fact that there won't be any money left at the end of it, that should be enough.