What happens without a will?

[Hooli]

I won't put the exact details of who etc, but if a man dies & leaves a sister, brother & mother but no will. What's the law say about splitting up the estate?

Our guess so far is everything to the mother as next of kin?

[Wacky Racer]

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

[TooMany2cvs]

Hooli said:

I won't put the exact details of who etc, but if a man dies & leaves a sister, brother & mother but no will. What's the law say about splitting up the estate?

Our guess so far is everything to the mother as next of kin?

There are intestacy rules in place.
https://www.gov.uk/inherits-someone-dies-without-w...

If no spouse or civil partner, and no children, then - yes - parents.

[Hooli]

Cheers guys.


Bit more to it that I forgot to post earlier. It seems the deceased was being paid cash in hand for years, is there likely to be tax issues turning up? He wasn't signing on as well, just not paying tax etc as far as we know.

[TooMany2cvs]

Hooli said:

Bit more to it that I forgot to post earlier. It seems the deceased was being paid cash in hand for years, is there likely to be tax issues turning up? He wasn't signing on as well, just not paying tax etc as far as we know.

The taxman is first in line when it comes to debts of the estate, and all debts have to be fully settled before anybody inherits a sausage.

[Hooli]

Thought that might be the case. Any idea how they'd work out what's owed etc? Extrapolate from bank statements, make up a figure, double it & add their xmas bonus?

[TooMany2cvs]

Hooli said:

Thought that might be the case. Any idea how they'd work out what's owed etc? Extrapolate from bank statements, make up a figure, double it & add their xmas bonus?

In exactly the same way as if he was alive and uncooperative.

[superlightr]

has a queries been raised over some cash then? How do the tax people know it was undeclared income?

[Hol]

Intestacy rules.....


That sounds like some form of condition that you would need to take Penicillin for.

[steveo3002]

keep your mouth shut about the cash situation , no law against have a few quid in cash under the mattress

if anyone asks then answer them , but i wouldnt volunteer it

[ColinM50]

steveo3002 said:

keep your mouth shut about the cash situation , no law against have a few quid in cash under the mattress

if anyone asks then answer them , but i wouldnt volunteer it

+1. I'd also advise buying a copy of Wills and Probate for Dummies. Takes you through all the various scenarios you can think of, and some you can't.

when dealing with the estate and HMRC, only answer the questions they ask to the best of your ability. Don't volunteer info and don't guess or lie. If you don't know, tell them you don't know. And re that you THINK he was working cash in hand, keep that to yourself unless and until HMRC bring it up then just answer what you KNOW, not what you think.

[55palfers]

If HMRC do ask, just say he used to do a few jobs for Google, or Starbucks, or Lloyds, or Amazon...

[anonymous-user]

55palfers said:

If HMRC do ask, just say he used to do a few jobs for Google, or Starbucks, or Lloyds, or Amazon...

I very much doubt that any of those firms would commit fraud by evading tax, as eluded to in this thread. They may well avoid it where they can, as we all should and do to some extent.

[konark]

Of course it's 'strategic financial planning' when multimationals do it, when the little man tries to do the same it's 'fraud'.

[anonymous-user]

konark said:

Of course it's 'strategic financial planning' when multimationals do it, when the little man tries to do the same it's 'fraud'.

No, tax evasion is fraud, avoidance simply good sense, whoever does it. Just because you don't understand the difference doesn't mean it isn't so.

[Hooli]

superlightr said:

has a queries been raised over some cash then? How do the tax people know it was undeclared income?

No questions yet, I was just wondering in case it came up.

[L1OFF]

I was executor for my Brother who died at 42 with no will. I had a letter from HMRC asking if he owed any tax. I said no and heard nothing else from them.

[Hooli]

L1OFF said:

I was executor for my Brother who died at 42 with no will. I had a letter from HMRC asking if he owed any tax. I said no and heard nothing else from them.

Thanks for that. We'll await the letter then.