How to proceed?

Qust323

I’m trying to help a friend who is having a hard time. Before Christmas they lost their only parent. They had started the online inheritance tax forms for said parent when one of their two siblings died. How do they now proceed? Does the parent’s estate just get shared equally between the two of them or is that too simplistic? 

Mojisola

Did the parent leave a will or is the estate being divided according the intestate rules?

Qust323

There was a will leaving everything equally between the three of them.

Marcon

Qust323 said:

There was a will leaving everything equally between the three of them.

Then that's what needs to happen, unless the parent's will had a clause stipulating that the beneficiaries must survive them by 'x' days and the sibling died before that period had elapsed.

Otherwise the sibling who has died inherits their share of the parental estate, then has their own estate distributed in accordance with their will or, if they didn't have a will, in accordance with the rules of intestacy.

If IHT is payable on both the parental estate and that of the late sibling, 'quick succession relief' may be available to help reduce the tax burden - but that is probably quite a long way from their thoughts at present.

Keep_pedalling

Does the deceased sibling have a wife, civil partner or children?
Did they have a will in place.

Qust323

So far they haven't found a will. They think they are divorced but are not positive ( separated and not spoken to each other for nearly 20 years). No biological children. 

Keep_pedalling

Qust323 said:

So far they haven't found a will. They think they are divorced but are not positive ( separated and not spoken to each other for nearly 20 years). No biological children. 

The first thing they need to check is whether he was divorced or not.

https://www.gov.uk/copy-decree-absolute-final-order

Qust323

What happens if he's not divorced please? What should they do?

Keep_pedalling

If they were never divorced then she inherits his estate in its entirety including his share of this inheritance.

It may seem unfair, but that is one of the consequences of failing to make a will.

kuratowski

It might be worth searching the will registry, in case there is a will they haven't managed to find:
https://www.nationalwillregister.co.uk/aboutwillsearch.aspx

Qust323

Oh that does sound really unfair considering the circumstances. Is it on them to seek her out? She is not from the UK and lives in Southeast Asia.