Three siblings, no will, straight to cremation dispute

Aranyani

prowla said:

If it turns out that there is anything in the estate after all, with no will it should be divided between the three siblings.

I have three sons and no will - I want things to go to them equally, so there's no point in writing it down.

You'll save them some hassle if you write a very simple will. 

naedanger

prowla said:

If it turns out that there is anything in the estate after all, with no will it should be divided between the three siblings.

I have three sons and no will - I want things to go to them equally, so there's no point in writing it down.

In Scotland, it is often more expensive to adminster an estate without a will for example a bond of caution is often required and this is likely to cost more than a simple will. (Not sure about the position in England and Wales or NI.)

Mojisola

prowla said:

I have three sons and no will - I want things to go to them equally, so there's no point in writing it down.

Do all three get on really well?   

Which of them would be best acting as your executor?  Would there be arguments about which of them should apply for LOA?

What do you want to happen if any of them die before you?

Stubod

prowla said:

If it turns out that there is anything in the estate after all, with no will it should be divided between the three siblings.

I have three sons and no will - I want things to go to them equally, so there's no point in writing it down.

..as the above, I would strongly recommend writing a will. It sounds like it is very simple and could be carried out "DIY", and would save your children a lot of potential hassle....IMHO...

lincroft1710

I also recommend having a properly written and witnessed will. Then there is less chance of arguments between beneficiaries.

maman

I'd strongly advise writing a will too. There could be distant relatives that come out of the woodwork or an ex. I've often read on here about siblings who resent an equal split because one feels they've been closer, done more caring etc. Just writing something simple would be enough. 

MoneySeeker1

Aranyani said:

prowla said:

If it turns out that there is anything in the estate after all, with no will it should be divided between the three siblings.

I have three sons and no will - I want things to go to them equally, so there's no point in writing it down.

You'll save them some hassle if you write a very simple will. 

Agreed - that you'll save hassle - even though that is what would happen anyway.

Most importantly - a Will is THE "last and final message" saying what you want to say. In your case - making out a Will makes your "Last and final Message" = All 3 of you are my children/you're exactly equal to each other and that's how you've been treated/so I want to you all get on with each other and help each other out if needed and that is my hope for the future. A will makes it plain that is a deliberate Last Message from you to them - rather than just "default option - because I know that's what the State will do anyway" iyswim.

That applies whether it's only a few thousand £s between them, pretty modest amount or loadsa money. The message will be taken the same way - whatever the amount. The message they might take from a "no Will situation" = "They didn't care very much to ensure it all went well etc", rather than the one you actually mean by the look of it of "Well, as I know you will all get equal amount anyway - then I didn't feel the need to".

Robin9

@prowla  It's the "what ifs" that can be important. What if son 1 dies - does his share go to his children or to the surviving brothers ?  What if you remarry  - your sons could get nothing. .................................

Emmia

Stubod said:

prowla said:

If it turns out that there is anything in the estate after all, with no will it should be divided between the three siblings.

I have three sons and no will - I want things to go to them equally, so there's no point in writing it down.

..as the above, I would strongly recommend writing a will. It sounds like it is very simple and could be carried out "DIY", and would save your children a lot of potential hassle....IMHO...

I'd avoid a DIY - any errors made might be a nightmare (pricey) to unpick legally after you're gone... and what happens if one or all of them predecease you?

I'm currently doing a new will and I'm paying the solicitors £240 including VAT in central London.

maman

OP seems to be most interested in confirmation that she's not responsible for any debts so I'm assuming that she doesn't intend to contribute to any funeral. If that's the case then she needs to make it clear to siblings that whatever their decision, they need to pay. Brother may be thinking of the cheapest option which is fair enough if he has to foot the bill. Sister may well think that there should be a funeral service. That's fair enough too although she has to put her money where her mouth is. What a sad situation. ☹️