Trying to convince someone to make a will.

hamer

Hi, this maybe a bit long winded so please bear with me.

My brother passed away last year leaving his wife Jo who is 82, they have no children.
Jo's most favoured nephew and niece have recently been trying to convince her, with some input from myself, to make a will however, after initial suggestions by herself, Jo now seems reluctant to finalise her earlier thoughts.
Jo is the sole survivor of six siblings. The other five siblings left children as follows :- 

Brother - three children
Sister 1 - three children
Sister 2 - two children
Sister 3 - 1 child
Sister 4 - 1 child

There are also three nieces and one nephew of her late husband. 

Her initial suggestions were to leave her most favoured niece and nephew major shares of her estate with minor amounts to her husbands nieces and nephew. 
She also initially said that she wanted to leave gifts to a certain charity, her neighbor and myself.
Her remaining nieces and nephews where destined to be excluded from her will as she said that she wouldn't know any of them if she passed them in the street. 

Her latest comments are that she now thinks it only fair that her estate is divided equally between all her nieces and nephews, still wanting the three gifts but no mention of her husbands nieces and nephew.
But she is still not interested in making a will.

The estimated value of her estate is just below £500 K.

As I intend to print this post to show Jo, could someone please explain, in layman's terms, what the legal scenario will be if there isn't a valid last will and testament.

Thanks in anticipation,

 Hamer.

Mojisola

The estate would be split into five equal shares - each siblings' share would be equally divided among their children. 
Her husband's family wouldn't inherit from her estate. 

RAS

Does she want her estate to be divided equally between the 10 nieces and nephews? Or for 2 of them to get 2 and three times as much as the other 8?

And if she wants the nieces and nephews on her husband's side to get anything?

Whilst someone keen to get control applies for letters of administration and bins all the little mementos that their cousins would have loved?

Sea_Shell

I'd suggest that choice of executor(s) is almost as important as the will itself.

Otherwise who applies to administer an intestate estate?   Who feels most "worthy"?

What if everyone is in disagreement?

I'd also suggest that small personal sentimental items are gifted whilst she's alive, rather than be fought over later.

Keep_pedalling

Sea_Shell said:

I'd suggest that choice of executor(s) is almost as important as the will itself.

Otherwise who applies to administer an intestate estate?   Who feels most "worthy"?

What if everyone is in disagreement?

I'd also suggest that small personal sentimental items are gifted whilst she's alive, rather than be fought over later.

I agree with this, making a will and appointing suitable executors is a must if she does not want to leave a major family bust up as her main legacy.

elsien

If she doesn't make a will then her preferred charities won't get anything, unless the beneficiaries choose to make a deed of variation and donate some of their share.
This is a fairly simple guide to the intestacy rules. 
Who can inherit if there is no will – the rules of intestacy - Citizens Advice

However before she gets to the will stage, she should really consider making a power of attorney if she hasn't done so. Not having one will have far higher implications for her personally if she becomes unwell, than making a will which will only affect those she leaves behind.
If I were her/her family, that is what I would be prioritising. 

Mojisola

Sea_Shell said:

I'd suggest that choice of executor(s) is almost as important as the will itself.

Definitely this ^

Does she really want to risk one of the nephews or nieces that she wouldn't recognise if she passed them in the street to gain control of her estate and be the one to go through all her belongings and paperwork?

hamer

Is there any legal directive as to who acts as executors and what would be the situation regarding inheritance tax to the beneficieries.  

Keep_pedalling

hamer said:

Is there any legal directive as to who acts as executors and what would be the situation regarding inheritance tax to the beneficieries.  

Any of her children can apply either individually or together, but if you go through some of the threads on here you will see all sorts of issues among siblings where one has taken on the job without consulting the others. Far better to appoint executors you know who can work well together.

Beneficiaries don’t pay IHT the estate does, so it will be down to the executors / administrators to sort out. If she is in IHT territory then she would be even mor3 foolish to not make a will.

hamer

Keep-pedalling, I think you mean any of her nieces and nephews.
Also could you please be more specific regarding IHT territory.

Keep_pedalling

hamer said:

Keep-pedalling, I think you mean any of her nieces and nephews.
Also could you please be more specific regarding IHT territory.

Sorry, they don't have children so first in line would be siblings.

She has a nil rate band of £325k and her husbands nil rate band can also be transferred to her estate (assuming she inherited everything from her). If her estate exceeds £650k then IHT will be due on any amount above that.

If her estate is over that amount she should consider making gifts in her life time.