No will made

pinkerton | 11:09 Tue 12th Jun 2012 | Civil

7 Answers

If somebody dies intestate, but has expressed verbally what they would like done with their estate, how does the law stand?

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VHG

If it was said verbally who can prove it?

A person, or persons, could easily say the person said anything on their death bed if they wanted to claim some of the estate.

So to answer your question I think nobody would act legally on what was said verbally.

tonywiltshire

A valid will must be in writing and everyone over 18 should make a will, DIY wills are possible if the position is straight forward, but most people in the legal profession will confirm that they are able to earn a good deal of money out of unclear DIY wills. Some common mistakes are:

Not being aware of the requirements to make a will valid.
Beneficiaries who also witness the will.
Taking into account that a beneficiary may predecease the person making the will.
The effects of marriage and divorce.
Unwitnessed changes to a will.

baza

both my parents made out wills, father left all to mum, mum left all to kids, mum died first, luckily error spotted before either departed. So to answer the question a verbal will is not valid.

pinkerton

Question Author

What, then should legally happen to the estate if the only descendents are brothers, nephews of the deceased?