Unmarried Uncle, no children who inherits if he doesn't make a will?

74jax

If no will is made I would get your DH to make sure Uncle understands he will not be dealing with the Estate.  It would be a nightmare. 

Spendless

Savvy_Sue said:

That is not an amount over which I'd want to lose sleep. As I said, there are legitimate things it can be spent on, and while I'd expect it to help, it's not going to prevent them claiming benefits long term - and if it WAS, then they'd have a really decent amount of money to set them up!

I see your point, even if we say each Neice/Nephew gets around £11K each, the few thousand over the benefits savings limit (£6K???) wouldn't last that long and certain things are permitted are to be spent on and not classed as DOA. 

Spendless

74jax said:

If no will is made I would get your DH to make sure Uncle understands he will not be dealing with the Estate.  It would be a nightmare. 

I'm going to see if DH can try again. Even the level of interference that I suspect sis in law would do has me shudder. She has previously said (in my presence) when discussing who Uncle F has said he would leave money to in a will that 'she doesn't see the point as none of them need it'. Now that might be true of herself who is at a different life stage to the other cousins but not of everyone. It needs spelling out in a will exactly what Uncle F wishes. 

sheramber

Maybe suggest to uncle that your husband makes an appointment and goes with him to make a will. That may encourage him.

getmore4less

If there is trust and not going to hit any IHT issues often the easy way round any benefits is to have someone else get the money and gift as needed to the intended recipients.

there is also the option although not tidy to admin and deal with the known branches holding back the share for the unkown branch.

Much of which could end up getting eaten up by fees tracing the tree.

Will is the sensible option.

Spendless

getmore4less said:

If there is trust and not going to hit any IHT issues often the easy way round any benefits is to have someone else get the money and gift as needed to the intended recipients.

there is also the option although not tidy to admin and deal with the known branches holding back the share for the unkown branch.

Much of which could end up getting eaten up by fees tracing the tree.

Will is the sensible option.

Really? I'd have thought that was fraud and not allowed.

A potential possibility though a will would make things a lot easier. What happens in that case. Do the other siblings and my MIL's share all get distributed out as we know who is the heirs with those branches, but Uncle J's branch doesn't until all children are found - how long is allowed for tracing them? Or would all money get held up until Uncle J's children are all found? 

getmore4less

Spendless said:

getmore4less said:

If there is trust and not going to hit any IHT issues often the easy way round any benefits is to have someone else get the money and gift as needed to the intended recipients.

there is also the option although not tidy to admin and deal with the known branches holding back the share for the unkown branch.

Much of which could end up getting eaten up by fees tracing the tree.

Will is the sensible option.

Really? I'd have thought that was fraud and not allowed.

if that's in the will its fine(can't do it intestate)
Can also be done through a trust but that has to be done carefully

A potential possibility though a will would make things a lot easier. What happens in that case. Do the other siblings and my MIL's share all get distributed out as we know who is the heirs with those branches, but Uncle J's branch doesn't until all children are found - how long is allowed for tracing them? Or would all money get held up until Uncle J's children are all found? 

That's basically it the known shares get done then the rest(UJ's) have to wait.

H.Hunters  may be interested in tracing that line but probably not for a cut from ~£20k  probably less as you have some of the tree anyway so less than £10k

Best if UJ just makes a simple will.

Spendless

getmore4less said:

Spendless said:

getmore4less said:

If there is trust and not going to hit any IHT issues often the easy way round any benefits is to have someone else get the money and gift as needed to the intended recipients.

there is also the option although not tidy to admin and deal with the known branches holding back the share for the unkown branch.

Much of which could end up getting eaten up by fees tracing the tree.

Will is the sensible option.

Really? I'd have thought that was fraud and not allowed.

if that's in the will its fine(can't do it intestate)
Can also be done through a trust but that has to be done carefully

A potential possibility though a will would make things a lot easier. What happens in that case. Do the other siblings and my MIL's share all get distributed out as we know who is the heirs with those branches, but Uncle J's branch doesn't until all children are found - how long is allowed for tracing them? Or would all money get held up until Uncle J's children are all found? 

That's basically it the known shares get done then the rest(UJ's) have to wait.

H.Hunters  may be interested in tracing that line but probably not for a cut from ~£20k  probably less as you have some of the tree anyway so less than £10k

Best if UJ just makes a simple will.

Yes on my estimation, with an estate of 120K, £20K each would go to the 4 surviving siblings. A further £20K would be split 50/50 so £10K each to my husband and his sister who would inherit the share that would have otherwise gone to their Mum.

The remaining £20K that would have gone to Uncle J, will be split between his heirs. We definitely know of 4 of them, we think it's likely there's another 1 and the possibility of 1 more. 1 of the known 4 is hubby's cousin P who has already died and had 2 children himself. Do the children of cousin P inherit his share or is it just divided between the other children of Uncle J?

Spendless

To update this, Uncle has now said he's made a will. DH was on the brink of fetching it up with him again due to reading online news about a relative who would inherit due to intestacy frequently being in and and out of prison. Uncle then said he'd made one, which is fab, but if he doesn't tell anyone which solicitor he's used to make it, how would any of us know when the time comes where to search for it?  In these circs how do you know someone has made a will rather than died without one? 

Flugelhorn

Spendless said:

To update this, Uncle has now said he's made a will. DH was on the brink of fetching it up with him again due to reading online news about a relative who would inherit due to intestacy frequently being in and and out of prison. Uncle then said he'd made one, which is fab, but if he doesn't tell anyone which solicitor he's used to make it, how would any of us know when the time comes where to search for it?  In these circs how do you know someone has made a will rather than died without one? 

good news - just say "hope we don't have to look for it for ages yet but give us a clue... where is it? solicitor ? kitchen cupboard? under the bed? top drawer of  sideboard?"