Possible challenges to intestacy rules

missnosey122

Hope you don't mind my chipping in with my thoughts having a few problems myself with intestate awaiting on siblings (who is also administrator) decision on whether to claim for both/either Proprietary Estoppel, Financial provision or to remain in the main asset until he is removed via court.

I personally am sceptical about DIY wills because of coercion.

BUT STILL DO A WILL PEOPLE ITS IMPORTANT SAVES ALOT OF HEARTACHE.
 
Any way as this one is incomplete intestate rules of succession apply with the 3 siblings receiving equal shares.

The companion could claim promissory/Proprietary Estoppel but its an awkward one & expensive as I understand it there are 3 categories & all need to be satisfied - in its basic form are the promise this is obvious the exchange what she did in exchange for the promise and the detriment what she has lost ie did she give up her job to care for the FiL based on the promise. (Remember It is a bit more involved than the basics I've stated)

Then there's Financial provision this unlikely to be successful unless he supported her financially (not as employer/ee relationship) & is usually required to be claimed within 6months of the letters of administration being received there are of course exceptions which can be applied for.

If the brothers acknowledge FiL wanted her to have something from him an agreement via deed of variation is probably best. The amount depends on siblings own circumstances if say one on means tested benefits it is unlikely they would be able to sign away or reduce an Inheritance - deprivation of assets rules (they aren't being greedy but need to protect their own Financial future as they will be willingly surrendering an 'income' knowing they would still need to claim benefits - DWP decision makers are not always consistent) similarly if any are in Insolvency agreements iva bankruptcy dro etc. would also need checking as how the money is distributed can change - (side note if any beneficiaries are in Insolvency agreements make sure they inform their service provider now). 

Good luck 

Benson17

Sincere thanks for all your comments.  Always useful to get additional input.  I'm sure an amicable solution will be found when the sons meet up to discuss.  Thanks again and best wishes.

Froglet

As this may happen to others,it would be interesting and useful to know the outcome,if that's ok.

theoretica

Was the previous will invalid too?  If it was valid and not destroyed, I believe the later invalid will will not cancel it and so it will still stand.

Benson17

Froglet said:

As this may happen to others,it would be interesting and useful to know the outcome,if that's ok.

Good point.  I will update with the outcome once known.

Keep_pedalling

Benson17 said:

Froglet said:

As this may happen to others,it would be interesting and useful to know the outcome,if that's ok.

Good point.  I will update with the outcome once known.

Although the main point to learn from this is that DIY wills are rarely a good idea.

Savvy_Sue

Keep_pedalling said:

Benson17 said:

Froglet said:

As this may happen to others,it would be interesting and useful to know the outcome,if that's ok.

Good point.  I will update with the outcome once known.

Although the main point to learn from this is that DIY wills are really a good idea.

Is there a NOT missing from KP's last post? 

Keep_pedalling

Savvy_Sue said:

Keep_pedalling said:

Benson17 said:

Froglet said:

As this may happen to others,it would be interesting and useful to know the outcome,if that's ok.

Good point.  I will update with the outcome once known.

Although the main point to learn from this is that DIY wills are really a good idea.

Is there a NOT missing from KP's last post? 

Rats! Really = rarely, not corrected.