English inheritance law

[DocJock]

It's all foreign to me

FiL's last remaining sibling has died.

No spouse, no offspring, no will. FiL is therefore NOK.

He is not in need of any inheritance but before his sister has been dead for a day he has had a nephew contacting him asking when he's going to get his share.

As said, FiL doesn't need anything from the estate but this guy has upset him immensely and he'd love to be able to tell him it's all getting donated to The Dogs Trust.

So, my question is, does this guy share in the estate as his deceased mother was dead lady's sister?

Thanks in advance.

[Jasandjules]

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

I assume from what you say there is no will.. Been a long time since I looked at this, but my understanding is nephew is entitled to nothing whilst your FIL is alive at the time the probate is issued....

But check the above link.

Actually a check of the above link says nephew gets his mother's share. Live and learn.

[DocJock]

I'd read that and found it a bit ambiguous, hence my question.

Thanks for the interpetation.

[ellroy]

Assumes Nephew is direct descendant, could of course be a nephew on another side of the family.

OP if there is a will it takes precednt as J&J states, if not intestacy law applies as per the link.

However, there is the option of effectively using a deed of variation to put in place a 'will' as per what the deceased would have wanted had they known and sorted it out. So potentially the Dogs home is a goer!

Your relative needs professional advice on this if he's sorting things out, not the ramblings of the internet.

[PurpleMoonlight]

ellroy said:

However, there is the option of effectively using a deed of variation to put in place a 'will' as per what the deceased would have wanted had they known and sorted it out.

You sure about that?

I thought only an existing Will could be varied by the beneficiaries, not a Will created from thin air.

Edited by PurpleMoonlight on Friday 29th May 14:53

[aw51 121565]

It's all explained when applying for Grant of Administration (assuming the estate isn't tiny) - there is a "pecking order" (along the lines of the gov.uk link you've already seen) which will spell it out (and should confirm what the link throws up) .

The 'notes for applicants' go into who inherits in a bit more detail as well, see https://www.gov.uk/government/uploads/system/uploa... for info on completing form IHT205.

It takes some time, so don't be pressured by certain people...

[DocJock]

Oh he's definitely not going to attempt administration himself.

He just wanted to know whether to tell matey boy to wait until the solicitor is done or to fk right off.

As I said, this vulture has jumped in before he's even had a chance to speak to a solicitor about administering things.

Thanks again for all the replies.

[Red Devil]

Jasandjules said:

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

I assume from what you say there is no will.. Been a long time since I looked at this, but my understanding is nephew is entitled to nothing whilst your FIL is alive at the time the probate is issued....

But check the above link.

Actually a check of the above link says nephew gets his mother's share. Live and learn.

- See below

DocJock said:

I'd read that and found it a bit ambiguous, hence my question.

If you click the correct radio button at each stage you end up with this answer.
https://www.gov.uk/inherits-someone-dies-without-w...

If I have understood correctly your FIL had two sisters, one of whom passed away leaving a son.
The other is the the subject of your post and was childless.

It would be very unwise to tell the nephew to take a hike as he is entitled to a share of the estate.
Which, if have worked it out correctly, will be 50%. Your FIL will inherit the other half.

[Nimby]

PurpleMoonlight said:

ellroy said:

However, there is the option of effectively using a deed of variation to put in place a 'will' as per what the deceased would have wanted had they known and sorted it out.

You sure about that?

I thought only an existing Will could be varied by the beneficiaries, not a Will created from thin air.

You can have a "Deed of variation of intestacy" (in England & Wales, anyway)

Edited by Nimby on Friday 29th May 19:45

[PurpleMoonlight]

Nimby said:

You can have a "Deed of variation of intestacy" (in England & Wales, anyway)

Interesting.

Presumably all the beneficiaries under the intestacy legislation have to agree to that?

[konark]

With a 'deed of variation' you can only give change the will as far as your bequest goes, you can't give other people's portion away.

Assuming FIL's sister (no issue) had one deceased sister the money goes 50% to your FIL and 50% to deceased sister's kids., which may include pushy nephew.

If solicitors are doing the probate though nobody's going to get anything before next spring! which will piss matey boy off!

[Nimby]

A Deed of Variation is normally done to reduce Inheritance Tax because the will / intestacy split wasn't tax-efficient. The beneficiaries can do what they like with their proceeds afterwards with or without a deed.

[Red Devil]

PurpleMoonlight said:

Nimby said:

You can have a "Deed of variation of intestacy" (in England & Wales, anyway)

Interesting.

Presumably all the beneficiaries under the intestacy legislation have to agree to that?

Yes you can, and yes they do.

Nimby said:

A Deed of Variation is normally done to reduce Inheritance Tax because the will / intestacy split wasn't tax-efficient. The beneficiaries can do what they like with their proceeds afterwards with or without a deed.

Did this with my aunt (my dad's sister). She left a chunk of her estate to my mother who then unfortunately died unexpectedly less than a year later. The variation to my aunt's will saved me and my half-sister as substantial amount of IHT. Well worth the solicitor's modest fee (our family had used the firm for more than 50 years).

More on the subject here - http://uk.practicallaw.com/4-500-3058

Btw, the government is currently reviewing Deeds of Variation and legislation may well follow in a future Finance Bill.
http://uk.practicallaw.com/4-602-9825#a123451