No Will

DazzyRascal

Could anyone advise how we might go about dealing with our deceased Dad's estate without the expense of a lawyer, and how difficult it is likely to be? He died almost 3 months ago in Scotland with no will and we haven't done anything yet due to worry about the cost of solicitors fees. There is only myself and my brother left now. There is a cash sum in the bank, a couple of shareholdings in public companies and a share in the property he lived in with my brother.
Google tells us that there are companies who say they can deal with it for a few hundred pounds but we feel sure that's probably unrealistic as a solicitor gave us a ballpark figure of around £4k which seems equally outlandish for such a small estate.
Thanks

MEM62

You need to look up the rules of intestacy for Scotland. The link below may help. No reason why you cannot handle this yourselves.


http://documents.canadalife.co.uk/the-laws-of-intestacy-succession-in-scotland.pdf

DazzyRascal

We also meant to ask about the property. I have no interest in either buying my Dad's share out or forcing my brother to sell. It is his home and he lived in it for many years before taking our Dad in when Dad's health began to fail. I am more than happy for that to go 100% to him now if that's possible to do?

Keep_pedalling

DazzyRascal wrote: »

We also meant to ask about the property. I have no interest in either buying my Dad's share out or forcing my brother to sell. It is his home and he lived in it for many years before taking our Dad in when Dad's health began to fail. I am more than happy for that to go 100% to him now if that's possible to do?

Yes, you can simply draw up a deed of variation so that the whole thing passes to your brother. This assumes there is not a survivorship clause in the deeds. If there is then the house is now owned by your brother outright anyway.

The only issue with a deed of variation is that it could cause you some issues if you are receiving means tested benefits.

DazzyRascal

Keep_pedalling wrote: »

Yes, you can simply draw up a deed of variation so that the whole thing passes to your brother. This assumes there is not a survivorship clause in the deeds. If there is then the house is now owned by your brother outright anyway.

The only issue with a deed of variation is that it could cause you some issues if you are receiving means tested benefits.

Will have to check with my brother about survivorship clause but I imagine if there was one he would know about it and know it wasn't an issue so guessing no clause.
I am a pensioner in poor physical health and do receive means tested benefits. What type of issues am I likely to have?

Flugelhorn

DazzyRascal wrote: »

Will have to check with my brother about survivorship clause but I imagine if there was one he would know about it and know it wasn't an issue so guessing no clause.
I am a pensioner in poor physical health and do receive means tested benefits. What type of issues am I likely to have?

the concern re benefits would be that you would be seen to have inherited money (in the form of property) and had given it away - in any calculations of benefit you would be considered to still have the money.

If your brother was genuinely a joint owner with dad then he owns the property now and it won't affect you.

Mojisola

DazzyRascal wrote: »

There is a cash sum in the bank, a couple of shareholdings in public companies and a share in the property he lived in with my brother.

DazzyRascal wrote: »

Will have to check with my brother about survivorship clause but I imagine if there was one he would know about it and know it wasn't an issue so guessing no clause.

I am a pensioner in poor physical health and do receive means tested benefits. What type of issues am I likely to have?

Do the cash and shares balance the value of your share of the house? You could have the liquid assets and your brother take ownership of the house.

Even if they don't completely cover the value in the house, you could have them as your inheritance and then won't need to claim means tested benefits.

74jax

It would be good starting point to know how the property was owned. IE did dad own it all, or was it tenants in common with your brother, or perhaps owned jointly with your brother.

DazzyRascal

Flugelhorn wrote: »

the concern re benefits would be that you would be seen to have inherited money (in the form of property) and had given it away - in any calculations of benefit you would be considered to still have the money.
If your brother was genuinely a joint owner with dad then he owns the property now and it won't affect you.

How would they determine I would be giving it away? My brother couldn't afford to pay me the 25% in cash, and surely they can't force him to sell his home of 15+ years to pay me? At his age (retired) a loan isn't a realistic option either.

My brother genuinely owns 75% of the property with the remaining 25% being Dad's. All done legally many years ago. I have just checked with him and he says to his knowledge there is no survivorship clause but he will check with his solicitor.

DazzyRascal

Mojisola wrote: »

Do the cash and shares balance the value of your share of the house? You could have the liquid assets and your brother take ownership of the house.

Even if they don't completely cover the value in the house, you could have them as your inheritance and then won't need to claim means tested benefits.

No, the cash and shares are under £10k combined.

DazzyRascal

74jax wrote: »

It would be good starting point to know how the property was owned. IE did dad own it all, or was it tenants in common with your brother, or perhaps owned jointly with your brother.

It's so many years ago now that my brother isn't sure. He seems pretty certain that no survivorship clause but he will have to check out exactly what the legal term for the 75/25% is with his solicitor. He does recall that the changes were registered with the Land Registry.