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UK will question
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My uncle in the UK just passed away and we believe he died intestate. He had written out his wishes and planned to see a solicitor today but we have nothing with signatures. Does anyone have any idea where I should start for figuring things out?

His only family in the UK is his older brother, who is not mentally up for the task of dealing with any of the details. His friends are likely going to do most of the work.
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Re: UK will question [Alibabwa] [ In reply to ]
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Sorry for this


https://www.citizensadvice.org.uk/...-rules-of-intestacy/

My uncle died intestate. My dad sorted it all out but it was hugely time consuming and a PITA.

Definitely speak to a solicitor prior to moving forwards.

As he died intestate, in short, it does not matter what he wished, there are strict rules about how the estate is distributed and it can be subject to challenge.

I think you need to consider whether you really want his friends to do this.
Last edited by: Andrewmc: Jun 26, 19 23:37
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Re: UK will question [Alibabwa] [ In reply to ]
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I'm very sorry for your loss.


The laws of intestacy are really very clear. If a person dies without a will then their estate goes first to their children. If there are no children, it's parents. If there are no parents, it's siblings. So if there is only an older brother, he gets everything.

You say that his only family in the UK is an older brother. That suggests there is family outside of the UK? If there are, it doesn't matter that they're not in the country, if they're next in line they get the estate.

In terms of what to do - get a decent probate solicitor involved. Yes, they cost money, but it avoids the risk of friends/family co*king it up resulting in massive fallouts a court battles.
Last edited by: lbmxj560: Jun 27, 19 0:13
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Re: UK will question [lbmxj560] [ In reply to ]
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Wot he said

If, he has an older brother but who is not competent to deal with this, you will need a power or attorney, if this is not in place you will need to apply to the court of protection

You absolutely need professional advice
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Re: UK will question [Andrewmc] [ In reply to ]
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As others have said, you (or more accurately, whoever is going to deal with this) needs a solicitor. When a person dies intestate, there are statutory rules as to who gets what. But you need someone appointed to manage the deceased's estate, because, unlike with a will, there is no named executor who has the authority to do that. So whoever is going to sort this out needs to go to a solicitor and gets themselves appointed as what's called an administrator. Then they can be granted Letters of Administration, which are their lawful authority to deal with the assets in the estate in accordance with the rules of intestacy.

Dealing with the assets in the estate without lawful authority is a shortcut to problems.
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Re: UK will question [Greg66] [ In reply to ]
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Complicated in this instance by brother not being up to the task

When my grandmother died, it turned out that she'd been giving stuff away and to the hairdresser, the cleaner and the nice lady who looked in on her

All was avoidable we have POA for our parents to avoid lots of complications down the line
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Re: UK will question [Greg66] [ In reply to ]
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If he doesn’t get them he just won’t get anywhere. I’m one of the people who handles our beneficiary settlement where I work. Without that we aren’t doing anything unless the account has clear TOD or beneficiary instructions.

I agree with everyone else. Do not let friends do this. I’ve seen enough issues when it’s family doing it because they don’t know what they’re doing. If they become administrator they have full rights They’re not stepping up cost basis, they aren’t settling into the correct accounts. Pay someone, have it done right and you won’t be playing fix it Felix for the next 5 years.
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Re: UK will question [Grant.Reuter] [ In reply to ]
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Get professional legal help for sure.

Don't underestimate how much the thought of a big pile of money, seemingly without a proper home, can warp the behaviour of otherwise reasonable people: "I was his friend for 30 years... I've earned my share..." etc
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Re: UK will question [Grant.Reuter] [ In reply to ]
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I suspect they won't have any choice in who is appointed. If the older brother is not competent, then court of protection is, as I understand it, unavoidable meaning decisions about how its administered will be at the very least made more complicated and quite possibly removed from their hands altogether
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Re: UK will question [Andrewmc] [ In reply to ]
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He should have a say as he can argue his case on who should be executor of the estate.

Now the friends probably have no claim on being the executor, but if he isn’t involved saying they shouldn’t do it or who should be it, it very well could roll to a friend and at that point good luck seeing any estate money going to where he thinks it should.
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Re: UK will question [Grant.Reuter] [ In reply to ]
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Thank you all for your advice. Yesterday I was a bit in shock, having sensible suggestions helps a lot to keep me grounded.

I don't want to overburden his friends and there is also the possibility of things going sideways, so I'm going to argue for paying a legal probate specialist. My mum is so overwhelmed with cancer treatment and grief that she'll likely do whatever my sister and I suggest, hopefully we can get my other uncle on board.

Thanks all.
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