Inheritance advice

[adamred6]

Going to speak to Citizens advice this week but wondering if anyone on here could help or offer advice

My uncle has sadly passed away. He wasnt married. No kids. No grandkids or great grandkids. He had 12 other siblings (only my mum and 3 others are still alive).

My uncle lived with my mum for 20+ years and she was the only one that's ever cared for him and they were so close.

He only had 1 bank account with £30,000 savings and my mum's carers allowance was paid directly into his bank.

He signed to say my mum could withdraw money when needed, for her or him.

Now he has passed without making a will, I believe his inheritance would be equally split between all his siblings (but for the siblings that have passed away .... the share would then go to their children).

Is there anything that can be done about this.... or is this a ''set in stone'' law?

[pabenny]

Intestacy law (ie what happens to the estate of a person who dies without a will) is... well, law.

You're right that his estate is divided between his siblings, and the children of any deceased siblings. It is possible to vary that, but they *all* have to agree. And because there are so many, getting that agreement may be hard.

There is a *possible* argument that as her carer's allowance was paid into the account, the money actually belongs to your mum.

You probably need legal advice. Many lawyers will provide an initial 30 min consultation without charge. Citizens Advice often have a relationship with local firm.

[blythburgh]

The trouble is morally the money should all go to your Mum but that rarely happens. People can be very greedy when it comes to money.

I can remember a fellow LibDem telling me that her Mum died and left everything to be divided equally between both daughters. To her surprise her sister said "you lived nearby and cared for Mum all this time, we have good private pensions but you do not. I want you to have all the money."

A timely reminder that no matter what our age we should make a will. A professionally made one costs money but only one drawn up by a solicitor will stop any legal wrangles later. And remember if your partner dies then you need to make a new will if you left them the bulk of your estate

[Richard Frost]

I had never realised that if a sibling has passed away that portion needed to be given to their children.

[adamred6]

I had never realised that if a sibling has passed away that portion needed to be given to their children.

Me either. Raich's dad (expresso) informed us......
So, we had a look on the gov.uk website and it is infact 'the law'

[blythburgh]

Yes, and long has been. And that is why a will is vital at any age and kept up to date.

If you are married but the marriage breaks down without divorce your spouse gets all or the bulk of your estate depending on how large it is. You can live with someone for years, have children with them but without a will your legal spouse will what you think your partner will inherit.

Many people think they have a common law wife/husband but they do not. Unless you make your union legal in the eyes of the law your partner can be left with nothing. Even if you had no previous marriage then your estate goes to your parents or your siblings etc depending on who is still alive. Common law marriages are a myth and not legally recognised.

[macliam]

This was a primary driver for the push towards recognition of Gay partnerships, as couples who had been together for decades had no inheritance rights to their partner's estate or even to jointly-owned assets. Even now, some people (eg siblings) are excluded under UK law.

In Portugal, there evolved a simple constitutional rule after the 1974 revolution, that says that a couple who can prove they have been together over 2 years can claim certain rights - this is called "de facto union".

The term was introduced for in 1999, combining several partial protections granted previously and dating back to 1976. It was extended to same-sex couples in 2001 - and, on the same day, a law on "economia comum" (common economy) was also implemented, granting protection to two or more persons that live together - with most of the rights of the de facto union, except welfare benefits.

Same-sex marriage (legalized in 2010) grants no further legal rights, so "de facto unions" rather than any more formal recognition, remain the alternative to any couple (same-sex or opposite-sex) who do not wish to marry.

However, the Portuguese inheritance rules are far more strict, granting rights to any heirs BEFORE the death of the parent.... such that the parent cannot sell certain assets without the agreement of all recognized heirs. It is also virtually impossible to disinherit legal heirs, or to vary the fractions of an estate payable to any one individual.

The formula for inheritance there is that the legal spouse gets 50% of the estate, and shares the other 50% equally with all other heirs (children of a deceased heir retaining their right to their parent's share). Thus, when my FiL died, his spouse got 62.5%, SWMBO and her surviving brother 12.5% and the 2 children of their late brother 6.25% each.....

[blythburgh]

A home can be in the names of all siblings who live together but you have to get a solicitor to sort these out to make sure it is legal. And a will does help as well

[macliam]

A home can be in the names of all siblings who live together but you have to get a solicitor to sort these out to make sure it is legal. And a will does help as well

In ENGLAND, inheritance law changes in different countries..... so even Scotland, NI and Ireland all have their own twists......