Death of Brother

Just_caring

This is a bit complicated so please bear with me, my brother has recently passed and was divorced from his wife but they still lived together (long story) he has no children, parents are deceased so am I his next of kin, there is a will but I want to ensure his wishes are carried out correctly. I don’t know who his executors are yet and have asked his ex wife for the solicitor details.
She arranged the funeral while I was out the country and hasn’t been very forthcoming about anything and I’m now thinking she should have done anything as I’m his only living relative. 

I have asked the funeral director to advise me of any arrangements with his ashes.
What is my legal position?
TIA 

Brie

So sorry for your loss.

While it does sound a bit complicated one thing for sure is that "next of kin" has no real meaning in law.  And as far as I know if they are divorced and there is no will then you inherit not her.  Obviously that might be an issue if they owned a house.  

I think you have done the right thing to discuss this with the funeral director as it seems there is a disconnect between you and your ex SiL.  The problem may be that this has likely hit her very hard given their relationship even if you were his brother and therefore knew him longer.  

I hope you can find a mutually acceptable way to progress things.

elsien

If there is a valid will you don’t really have a legal position until it’s confirmed  whether or not you are an executor. 

Just_caring

Thank you for your reply Bri, there was no love it was just convienience they lived in the same house which I know is tenants in common. I’m just unsure if I have any rights? I know the executor of the will who ever that is will deal with probate etc but I just don’t trust her to deal with things. How could she arrange a funeral and not have been in touch with the solicitor to find out his wishes!! Which she says she hadn’t!  

Just_caring

Brie said:

So sorry for your loss.

While it does sound a bit complicated one thing for sure is that "next of kin" has no real meaning in law.  And as far as I know if they are divorced and there is no will then you inherit not her.  Obviously that might be an issue if they owned a house.  

I think you have done the right thing to discuss this with the funeral director as it seems there is a disconnect between you and your ex SiL.  The problem may be that this has likely hit her very hard given their relationship even if you were his brother and therefore knew him longer.  

I hope you can find a mutually acceptable way to progress things.

Hi Bri, They did not like each other and it’s not hit her hard at all, she can now continue her life with her “ male friend” she once said to me I hope he has a happy but short life !!!

p00hsticks

Do you know if he actually made a will ? 
As far as I'm aware, unlike marriage, divorce does not automatically make any will made prior to the divorce invalid. 

Keep_pedalling

Just_caring said:

Thank you for your reply Bri, there was no love it was just convienience they lived in the same house which I know is tenants in common. I’m just unsure if I have any rights? I know the executor of the will who ever that is will deal with probate etc but I just don’t trust her to deal with things. How could she arrange a funeral and not have been in touch with the solicitor to find out his wishes!! Which she says she hadn’t!  

That could become tricky if he has left his share of the house to someone other than her. The house would not be able to be sold without her agreement or without a court order forcing the sale. 

Just_caring

p00hsticks said:

Do you know if he actually made a will ? 
As far as I'm aware, unlike marriage, divorce does not automatically make any will made prior to the divorce invalid. 

Yes a will was made about 10 years ago they have been divorced 25 years

Savvy_Sue

Just_caring said:

p00hsticks said:

Do you know if he actually made a will ? 
As far as I'm aware, unlike marriage, divorce does not automatically make any will made prior to the divorce invalid. 

Yes a will was made about 10 years ago they have been divorced 25 years

My understanding is that a will made before a divorce 'disinherits' the divorced partner, as if they had died. However this was made post-divorce so should be valid. 

Do you know which solicitor he might have used to write it? If not, it could be worth contacting local solicitors, and I believe they will 'ask around' on your behalf to see if anyone has it. 

DavidT67

Just_caring said:

How could she arrange a funeral and not have been in touch with the solicitor to find out his wishes!! Which she says she hadn’t!  

Not an uncommon misconception, but arranging a funeral has nothing to do with the contents of a will.  Any statement in a will regarding burial or cremation preferences has no legal standing.

Presumably the ex spouse completed the registration of death process ?  As without the green form arising from that the funeral director can not proceed with cremation or burial.

Brie

Just_caring said:

Thank you for your reply Bri, there was no love it was just convienience they lived in the same house which I know is tenants in common. I’m just unsure if I have any rights? I know the executor of the will who ever that is will deal with probate etc but I just don’t trust her to deal with things. How could she arrange a funeral and not have been in touch with the solicitor to find out his wishes!! Which she says she hadn’t!  

This makes me think you are assuming.  Tenants in common would mean that they each individually owned a share of the house.  So your brother may have left his portion to you, her, Dog's Trust etc.  If they owned the house as joint tenants then it is hers now completely.  At least that's how I understand the law.  But if your brother's name is the only one on the deeds then it's down to the will as to who the house now belongs.  

I do believe you can get a copy of the deeds or the information on them to know for sure what the situation is.  I also believe that you can get a copy of the will if it has been registered.  Someone here is likely to know precisely how to get these assuming it's not easily googled.