Will not updated; partial intestacy?

Keep_pedalling

naedanger said:

Keep_pedalling said:

If the will has no clause otherwise then the failed inheritance will fall to the remaining residual beneficiaries, so your father will receive an additional 12.5% and the other share the other 12.5%.

Caring for someone with dementia is hard work, and as you have found can be severely detrimental to both the physical and mental health of the career. Please don’t let him put an inheritance ahead of his health. It sounds like she is at the stage where residential care is going to be better for all concerned, so he should think very carefully about taking on this burden again.

Have you got an arithmetic error in that? The father was getting a quarter of the residual estate, the uncle a quarter and half was going elsewhere. So the father would get a 1/3rd (not 1/2) the uncle's share?

Sorry, senior error.

TBagpuss

I think it depends on the wording of the will. If however, I think that it would be shred in the same proportions - i.e. 1/3 to your dad and 2/3 split between the other beneficiaries. I can't see how he would be entitled to half when he is only getting 5 % in the first division.

If there were to be a partial intestacy then if he is the nearest elative then he might be entitled to the full 25% but f the will refers to the residue then I think it would fall into the residue, not intestacy.

However, it is appropriate to get advice from a probate solicitor 

toast89

TBagpuss said:

I think it depends on the wording of the will. If however, I think that it would be shred in the same proportions - i.e. 1/3 to your dad and 2/3 split between the other beneficiaries. I can't see how he would be entitled to half when he is only getting 5 % in the first division.

If there were to be a partial intestacy then if he is the nearest elative then he might be entitled to the full 25% but f the will refers to the residue then I think it would fall into the residue, not intestacy.

However, it is appropriate to get advice from a probate solicitor 

Thank you! The wording is "All the rest residue and remainder thereof as to: 25% thereof to the said (uncle's name) absolutely, 25% thereof to the said (dad's name) absolutely, 50% thereof to (names of others) in equal share absolutely" so it seems to be within the residue part.

My parents aren't even thinking about this, this is just me being curious, but I do feel guilty thinking about it too. I'd like for dad to get half as he and mum do everything and the others do nothing, it feels fair, though I know that's not the way these things work! 

getmore4less

I think there are two possibilities
the 25% stays in the residual  or goes to intestacy, I think the later  because
https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084

If a gift of residue lapses, the property devolves as it would on intestacy

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12101

if that is full siblings  how many are there?

toast89

getmore4less said:

I think there are two possibilities
the 25% stays in the residual  or goes to intestacy, I think the later  because
https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084

If a gift of residue lapses, the property devolves as it would on intestacy

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12101

if that is full siblings  how many are there?

Thanks for replying, dad and uncle are full siblings. Dad is the only sibling left. 

getmore4less

toast89 said:

getmore4less said:

I think there are two possibilities
the 25% stays in the residual  or goes to intestacy, I think the later  because
https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084

If a gift of residue lapses, the property devolves as it would on intestacy

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12101

if that is full siblings  how many are there?

Thanks for replying, dad and uncle are full siblings. Dad is the only sibling left. 

 I am not clear if the aunt and uncle are we dealing with were siblings or married?

This is the aunts estate so it is her intestacy rules you need to follow not the uncles(they may be the same) 

toast89

getmore4less said:

toast89 said:

getmore4less said:

I think there are two possibilities
the 25% stays in the residual  or goes to intestacy, I think the later  because
https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084

If a gift of residue lapses, the property devolves as it would on intestacy

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12101

if that is full siblings  how many are there?

Thanks for replying, dad and uncle are full siblings. Dad is the only sibling left. 

 I am not clear if the aunt and uncle are we dealing with were siblings or married?

This is the aunts estate so it is her intestacy rules you need to follow not the uncles(they may be the same) 

Sorry, I see how that was unclear! My aunt is widowed, and the uncle named is her brother, as is my dad. 

theoretica

toast89 said:

getmore4less said:

I think there are two possibilities
the 25% stays in the residual  or goes to intestacy, I think the later  because
https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084

If a gift of residue lapses, the property devolves as it would on intestacy

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12101

if that is full siblings  how many are there?

Thanks for replying, dad and uncle are full siblings. Dad is the only sibling left. 

I believe for intestacy that if a sibling has died their share goes to any surviving children.  So in this case if I have the family tree right, the failed bequest would be divided three ways because there is one surviving brother (dad) and two sisters who have died but left descendents (your cousins) and your uncle who died without children.  Which is the same proportions as the remaining, non failed bequests.

thepurplepixie

Not sure where two sisters are mentioned.  As I read it there were 3 siblings mentioned, the aunt with dementia, the OPs father and their brother who is deceased.

OP I'm no expert but I thought the dead brothers share would normally go to his children if he had them, or his parents, I'm assuming deceased or his siblings i.e. your dad.

I think you need to speak to a solicitor to get advice.

getmore4less

toast89 said:

getmore4less said:

toast89 said:

getmore4less said:

I think there are two possibilities
the 25% stays in the residual  or goes to intestacy, I think the later  because
https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084

If a gift of residue lapses, the property devolves as it would on intestacy

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12101

if that is full siblings  how many are there?

Thanks for replying, dad and uncle are full siblings. Dad is the only sibling left. 

 I am not clear if the aunt and uncle are we dealing with were siblings or married?

This is the aunts estate so it is her intestacy rules you need to follow not the uncles(they may be the same) 

Sorry, I see how that was unclear! My aunt is widowed, and the uncle named is her brother, as is my dad. 

Noted this is NI. I think we can assume the Aunt had no kids as you would have mentioned them, The deceased brother had none you did say that If we also assume the parents are deceased then that leaves your Dad.