Author Topic: Puzzled by a TV Show - When someone dies without a will?  (Read 4995 times)

Offline flipflops

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Re: Puzzled by a TV Show - When someone dies without a will?
« Reply #18 on: Tuesday 18 October 11 17:21 BST (UK) »
Will Aid is running at present in the UK where a couple can make a simple mirror will for a donation of £125 for a mirror will or £85 for a single will.
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Offline rancegal

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Re: Puzzled by a TV Show - When someone dies without a will?
« Reply #19 on: Tuesday 18 October 11 21:09 BST (UK) »
   This reminded me about what happens if executors are reluctant. My cousin was executor of my estranged father's will. He was very unhappy about the terms of the will, but agreed to be executor in the hope that my father might change his mind.
     I wondered why he was so reluctant to talk about it, then realised he didn't know that I already knew what the will contained (my son had told me)

      However, when I went to the probate office they were extremely helpful (we didn't need probate). If an executor does not wish to act, he or she can write a statement to that effect, and nominate another person to be executor. To make quite sure, my cousin swore an affadavit, nominating me as executor. I spent a day getting death certs, organising the funeral, clearing up odds and ends etc.
Finally, I claimed my expenses for that day (train fare and a meal) from the estate, and the remaining small sum was divided equally between my two children.
   
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Offline Nick29

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Re: Puzzled by a TV Show - When someone dies without a will?
« Reply #20 on: Wednesday 19 October 11 09:54 BST (UK) »
If you nominate one of the beneficiaries as an executor, then there should be no reluctance on their part  ;)
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Offline Dave the Walrus

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Re: Puzzled by a TV Show - When someone dies without a will?
« Reply #21 on: Tuesday 25 October 11 08:45 BST (UK) »
Hi flipflops,

I was just browsing and saw your comments.
The "Law of Intestate Succession" would apply. From memory, the surviving spouse is entitled to the house and the first £15,000 and the rest is divided up equally. I hope my memory serves me well.

Best wishes,

Dave
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Offline Nick29

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Re: Puzzled by a TV Show - When someone dies without a will?
« Reply #22 on: Tuesday 25 October 11 10:44 BST (UK) »
Not that's not quite correct.  Where there is no valid will, then the laws of intestacy have established rules, as to who benefits from the estate - see this site

As for people making 'mirror wills' - a solicitor would see the folly of doing this and would advise that a clause is inserted regarding what would happen should both partners die at the same time.  This is what you pay a solicitor for.
RIP 1949-10th January 2013

Best Wishes,  Nick.

Census information Crown Copyright, from www.nationalarchives.gov.uk