Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Madmelly
    • By Madmelly 14th Sep 18, 1:18 AM
    • 7Posts
    • 0Thanks
    Madmelly
    Who's entitled to intestate inheritence
    • #1
    • 14th Sep 18, 1:18 AM
    Who's entitled to intestate inheritence 14th Sep 18 at 1:18 AM
    My mum has very recently died and I have just found out she had a bit of money in her estate. I had been looking after my mum for 2 years after her stroke and then she went to live in a care home. She was under adult social care after a period of time because it became clear she could not look after her finances, benefits etc so they became her appointee and started looking after her finances. I am her next of kin and have been for every form etc that she has ever filled out for the last 20 years or so. I was also her next of kin regarding the carehome she was in and i am classed as the next of kin regarding her adult social care appointee. Her Appointee told me that there was some money in her estate and that after I register her death I would get a green form for the funeral directors and to give them her contact details, this way she would see to it that the funeral was paid with my mum's money and the rest would be split between my brother and I. However, here's the crux. My father is still legally married to her on paper only as they have been estranged for around 25 years. His name had to go on the death certificate as her husband so I'm now thinking that as my mum was intestate, her inheritence will go to him??? If so, is there anything that could be done to stop this. We get on well with my dad and he would in no way intentionally get in the way of our inheritence but I'm not sure how we all stand legally???
    Last edited by Madmelly; 14-09-2018 at 1:32 AM. Reason: spelling mistake
Page 1
    • Yorkshireman99
    • By Yorkshireman99 14th Sep 18, 2:46 AM
    • 4,494 Posts
    • 3,716 Thanks
    Yorkshireman99
    • #2
    • 14th Sep 18, 2:46 AM
    • #2
    • 14th Sep 18, 2:46 AM
    My mum has very recently died and I have just found out she had a bit of money in her estate. I had been looking after my mum for 2 years after her stroke and then she went to live in a care home. She was under adult social care after a period of time because it became clear she could not look after her finances, benefits etc so they became her appointee and started looking after her finances. I am her next of kin and have been for every form etc that she has ever filled out for the last 20 years or so. I was also her next of kin regarding the carehome she was in and i am classed as the next of kin regarding her adult social care appointee. Her Appointee told me that there was some money in her estate and that after I register her death I would get a green form for the funeral directors and to give them her contact details, this way she would see to it that the funeral was paid with my mum's money and the rest would be split between my brother and I. However, here's the crux. My father is still legally married to her on paper only as they have been estranged for around 25 years. His name had to go on the death certificate as her husband so I'm now thinking that as my mum was intestate, her inheritence will go to him??? If so, is there anything that could be done to stop this. We get on well with my dad and he would in no way intentionally get in the way of our inheritence but I'm not sure how we all stand legally???
    Originally posted by Madmelly
    The intestate rules are here.

    https://www.gov.uk/inherits-someone-dies-without-will

    Your father is entitled to her estate assuming it is below £250K so you have no inheritance. If you all agree he can do a Deed of Variation but he has no obligation to do so. Someone has to apply for letters of administration.
    • jackieblack
    • By jackieblack 14th Sep 18, 6:33 AM
    • 7,988 Posts
    • 11,755 Thanks
    jackieblack
    • #3
    • 14th Sep 18, 6:33 AM
    • #3
    • 14th Sep 18, 6:33 AM
    Nothing to stop your father splitting anything he receives between you and your brother, if he feels that is 'the right thing' to do, but legally he inherits.
    If that isn't what your mother wanted she should have made a will.

    Sorry for your loss.
    2.22kWp Solar PV system installed Oct 2010, Fronius IG20 Inverter,
    south facing (-5 deg), 30 degree pitch, no shading

    Quidquid Latine dictum sit altum videtur
    (Revera linguam latinam vix cognovi )
    • 74jax
    • By 74jax 14th Sep 18, 6:41 AM
    • 4,751 Posts
    • 6,495 Thanks
    74jax
    • #4
    • 14th Sep 18, 6:41 AM
    • #4
    • 14th Sep 18, 6:41 AM
    If your dad is elderly too and doesn't take the money, it might be worth checking out how this would affect him regarding any care, benefits he might need in the near future. Just check it doesn't fall under deprevision of assets. If you all get on, maybe a frank discussion about it.
    Forty and fabulous, well that's what my cards say....
    • SevenOfNine
    • By SevenOfNine 14th Sep 18, 9:23 AM
    • 1,387 Posts
    • 1,388 Thanks
    SevenOfNine
    • #5
    • 14th Sep 18, 9:23 AM
    • #5
    • 14th Sep 18, 9:23 AM
    A DoV, as YM99 has suggested would be the best course of action if you have a good relationship with your father & he doesn't want the money, (or feel it's 'right' to keep it). You should budget about £500 for the cost of that (speaking from personal experience) & it must be done within 2 years from DoD.

    Father could, of course, just split the money between you (& sibling) & gift it to you if he chooses.

    Either way, his own current finances should he be on (or need) benefits, or care facilities in the future & expect the local authority to pay, dies within 7 years of gifting etc, should be taken into consideration before he disposes of this inheritance. Afraid there are circumstances where it's not that simple to say "I don't want it, you can have it"!

    Deprivation of assets doesn't come into play if he's comfortably off eg owns his home, savings in bank, no indication of needed local authority care or benefit claims, that type of thing.

    Perhaps a chat to father about how he feels is in order first.

    My condolences.
    Seen it all, done it all, can't remember most of it.
    • Madmelly
    • By Madmelly 14th Sep 18, 2:43 PM
    • 7 Posts
    • 0 Thanks
    Madmelly
    • #6
    • 14th Sep 18, 2:43 PM
    • #6
    • 14th Sep 18, 2:43 PM
    Hmm, My father is 68 and rents his flat from the council, he is in receipt of housing benefit and council tax benefit as far as I am aware. I think he also has a pension. So if I'm getting this right, if he inherits, it's going to stop his benefits??
    • Yorkshireman99
    • By Yorkshireman99 14th Sep 18, 3:19 PM
    • 4,494 Posts
    • 3,716 Thanks
    Yorkshireman99
    • #7
    • 14th Sep 18, 3:19 PM
    • #7
    • 14th Sep 18, 3:19 PM
    Hmm, My father is 68 and rents his flat from the council, he is in receipt of housing benefit and council tax benefit as far as I am aware. I think he also has a pension. So if I'm getting this right, if he inherits, it's going to stop his benefits??
    Originally posted by Madmelly
    It depends on how much he already has in the bank afterwards. He should report the inheritance to the DWP as soon as he knows if it will affect his benefit. This applies even he he has not actually received the money yet. Giving it away will be regarded as deprivation of assets.
    • Tom99
    • By Tom99 14th Sep 18, 3:24 PM
    • 2,615 Posts
    • 1,786 Thanks
    Tom99
    • #8
    • 14th Sep 18, 3:24 PM
    • #8
    • 14th Sep 18, 3:24 PM
    Hmm, My father is 68 and rents his flat from the council, he is in receipt of housing benefit and council tax benefit as far as I am aware. I think he also has a pension. So if I'm getting this right, if he inherits, it's going to stop his benefits??
    Originally posted by Madmelly

    I think that will apply whether or not he gives you the inheritance via a DOV.
    If he accepted the inheritance and then gifted it to you with no DOV, he would be able to inherit your mother's nil rate band for inheritance tax purposes but it sounds as if that is unlikely to be of any benefit.
    The other alternative is for your father to disclaim the inheritance, ie refuse to accept it, in which case it will go to you.
    • marliepanda
    • By marliepanda 14th Sep 18, 3:32 PM
    • 6,562 Posts
    • 14,104 Thanks
    marliepanda
    • #9
    • 14th Sep 18, 3:32 PM
    • #9
    • 14th Sep 18, 3:32 PM
    I think that will apply whether or not he gives you the inheritance via a DOV.
    If he accepted the inheritance and then gifted it to you with no DOV, he would be able to inherit your mother's nil rate band for inheritance tax purposes but it sounds as if that is unlikely to be of any benefit.
    The other alternative is for your father to disclaim the inheritance, ie refuse to accept it, in which case it will go to you.
    Originally posted by Tom99
    And lose his housing benefit? His council tax benefit?

    Because that will result in that. He clearly has under 10k if heís pension age and getting these benefits. H canít deprive himself of money
    • Yorkshireman99
    • By Yorkshireman99 14th Sep 18, 3:49 PM
    • 4,494 Posts
    • 3,716 Thanks
    Yorkshireman99
    I think that will apply whether or not he gives you the inheritance via a DOV.
    If he accepted the inheritance and then gifted it to you with no DOV, he would be able to inherit your mother's nil rate band for inheritance tax purposes but it sounds as if that is unlikely to be of any benefit.
    The other alternative is for your father to disclaim the inheritance, ie refuse to accept it, in which case it will go to you.
    Originally posted by Tom99
    As far as benefits are concerned refusing it will make no difference to the eligibility. It will still be treated as deprivation of assets.
    • dresdendave
    • By dresdendave 14th Sep 18, 5:33 PM
    • 776 Posts
    • 955 Thanks
    dresdendave
    We get on well with my dad and he would in no way intentionally get in the way of our inheritence but I'm not sure how we all stand legally???
    Originally posted by Madmelly

    Unfortunately from a legal perspective, it is you trying to get in the way of your father's inheritance.


    Hope you manage to sort something out but vital he checks out the implications for his own situation before declining/gifting it.
    • elsien
    • By elsien 14th Sep 18, 5:38 PM
    • 17,123 Posts
    • 43,157 Thanks
    elsien
    Also depends on what you mean by "a bit of money."
    As an aside, from a legal standpoint next of kin mean very little unless backed up by a power of attorney or deputyship.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • badmemory
    • By badmemory 14th Sep 18, 7:44 PM
    • 1,972 Posts
    • 2,715 Thanks
    badmemory
    Were they legally separated? I believe that can make a difference.
    • PasturesNew
    • By PasturesNew 14th Sep 18, 7:57 PM
    • 64,189 Posts
    • 376,728 Thanks
    PasturesNew
    Your dad inherits - depending on how much is in the estate he'll either get all of it, or the first big chunk, then the money gets split other ways. By the sounds of it it's not going to be a big estate, so he'd get the lot.

    Him inheriting would be due to not being divorced... not whose name was on any certificate. There could be instances where you could challenge the will (at great cost through a solicitor), but they tend to not go too well for many people.

    It would stop some of his benefits if the amount is a relevant amount.

    Without knowing how much ... people can't be specific.

    Is it £1k, or £10k? £20k or £200k? 1million?
    • Madmelly
    • By Madmelly 14th Sep 18, 9:14 PM
    • 7 Posts
    • 0 Thanks
    Madmelly
    Less then 30 grand if that's of any help.
    • Madmelly
    • By Madmelly 14th Sep 18, 9:18 PM
    • 7 Posts
    • 0 Thanks
    Madmelly
    I would assume so. They have both lead their own lifes, had partners, lived seperately etc. All the usual, just no divorce. I have found papers that looks as though my mum tried to start divorce proceedings but my dad wasn't playing ball. Think she gave up in the end and just thought, what's the point? If only she knew.
    • unforeseen
    • By unforeseen 14th Sep 18, 9:23 PM
    • 2,957 Posts
    • 3,817 Thanks
    unforeseen
    Well, your mum wasn't worried about what happen d to any money she left otherwise she would have mad a will
    • Madmelly
    • By Madmelly 14th Sep 18, 11:08 PM
    • 7 Posts
    • 0 Thanks
    Madmelly
    Unforseen, She had been in a care home for the last 8 years, she went in believing she would get better and come home again, sadly this didn't happen and slowly over the years her health and mental health declined. She had no money to begin with and her estate accrued as she lay in bed unbeknown to any of us up until now. Had she known, I'm sure she would of made a will. But unfortunately we can't see into the future now can we??? She wasn't expecting to have a major stroke at 56 and end up bed bound. I think the stroke affected her rational thinking as well.
    • getmore4less
    • By getmore4less 15th Sep 18, 3:20 AM
    • 33,045 Posts
    • 19,924 Thanks
    getmore4less
    Depending on where this money came from there could be claims on it.

    Fairly unusual to have nothing and grow assets it's often the other way round.
    • badmemory
    • By badmemory 15th Sep 18, 3:57 AM
    • 1,972 Posts
    • 2,715 Thanks
    badmemory
    Don't let your father accept any of this money until you/he are sure the DWP aren't going to be back demanding money back from your mother's estate. Otherwise he could land up losing his benefits & then paying back a lot of money to the DWP.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,621Posts Today

8,089Users online

Martin's Twitter
  • RT @Dora_Haf: @MartinSLewis So many people on here saying they're great until you get your PROPER job. What if Your proper job Is ON zero?

  • RT @hslt88: @MartinSLewis I?m a trustee for a youth charity. We only have a limited pool of funds for flexible youth workers for holiday sc?

  • RT @Dan_i_elle_88: @MartinSLewis Loved working zero hour agency care work. Never out of work and I loved having the flexibility! Only left?

  • Follow Martin