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Probate - No Will timescales

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  • baggins_22
    baggins_22 Posts: 26 Forumite
    10 Posts First Anniversary Name Dropper
    Mojisola said:
    If the split between the children matches the intestacy rules, that's fine.
    If the way he would like his estate divided doesn't match the rules, there could be problems for the administrator.

    That's fine then, no concerns there
  • bobster2
    bobster2 Posts: 966 Forumite
    Sixth Anniversary 500 Posts Photogenic Name Dropper
    The administrator of an intestate estate has to follow the law - if they don't, they can become financially responsible.
    At the moment, the beneficiaries are in agreement - if things change, the administrator could find themself paying out to a beneficiary to received less than the intestate rules laid out.
    A deed of variation would protect the administrator from this happening.
    I am not sure which part of this you are suggesting doesn't follow the law? 
    In your postings you didn't actually specify that you were referring to the estate being split equally (in monetary terms) between his children. You just said it was clear how he wanted it divided. So those of us who commented couldn't know what you had in mind. If it's going to be split equally (in monetary terms) then you would not need a "deed of variation". 

    Regarding the Will - I would still recommend searching the National Will Register https://www.nationalwillregister.co.uk/
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