What to do with his estate - No Will

[tgm1974]

My uncle was found dead last week at his home and my Mum has become his next of kin as he was not married.

He never had any savings or a will put together but she has just been informed that he has approx �8000.00 in NI contributions which they will send on to my Mum to do as she wants.

My uncle has 2 children from 2 seperate relationships - a 16 yr old boy and a 6 yr old girl. Mum is in a dilemna about what to do with the money .... does she put it in trust for when the children turn 18 or 21 ... does she give a cq to the Mothers of the children (written to the child) asking them to put it in a bank account for the child (both Mothers are not working and claim from the social and Mum thinks they will use the money for themselves if she doesnt put into a Trust Fund) ... and then my uncle had 2 sisters and a brother ... should anything go to them or all to the children.

The cost of the funeral will be taken out of this �8k and the rest is to do with whatever!

My aunt reckons my Mum should put some in a Trust Fund and give the Mothers of the children a lump sum too??

[Richard1966]

When someone dies without a Will they are considered to have died �Intestate�.
There are strict rules over who should inherit the estate in these situations.
Firstly, the estate should go to any surviving married partner or civil partnership.
If there are no married partners or civil partners it follows a laid down hierarchy of distribution,
Children
Grandchildren
Parents of the deceased
Brothers & Sisters of the deceased
Nieces and Nephews
Anyone else
I suspect that your mum is administrating the estate as the children (who would inherit under intestacy rules) are not old enough to deal with these matters. However as administrator she is required to follow the law on division of the estate and without a Will to say who should get what she has to follow the intestacy requirements. She is not free to decide what she wants to do and should she not follow the law on this she could find herself open to action in the future if the children of your uncle find out they did not get what they are legally entitle to.
I suggest that your mum gets some legal advice on this (this can legitimately be deducted from eth residue of the estate (but she should keep careful records of how much she has spent and why).
This is also a very good reason why everyone over 18 should have a Will.

[darcydark]

Go to a solicitor ASAP and keep herself right. The cost will come out of the estate.

[Mamjet]

Posession is 90% of the law. So your mother can keep �5400 to do as she wishes. A nice holiday would be a perfect way of remembering your uncle. Enjoy!

[Richard1966]

Mamjet,

exactly which law is that

[vollerbo]

Hi, if your mother is free to do what she wishes with the money, then after funeral expenses I would personally send a token amount to his siblings to buy a drink and toast him. With the remainder split it between the children and put the money in trust until they are at least 21. Hope this helps. Oh and I would make her treat herself too for al her work