Advice Needed Please.

[Caran]

I am concerned about my brother. He is 5 years younger than me, retired, hasn't been out socially for about ten years, goes to Asda once a week for shopping. Has no conversation, phoning him is a nightmare.
He hasn't made a will, he has more money than he knows what to do with.
I have had the conversation with him, reminded him of things he should do just in case.
He intends to leave absolutely everything to my daughter. Could he just handwrite a will and get his next door neighbour to witness it. What about executor, could I be one and maybe my OH or do you not need them?
He hasn't done a funeral plan and hasn't got a solicitor.
I haven't seen him for about 3 years, he lives near Bolton and I am in Forest of Dean. And obviously now it's an impossibility as we are all at risk.
Can anyone offer any advice please.

[AuntPollyGrey]

Does he have any children of his own?

[bednobs]

if he makes a will hell need to nominate an executor
if he makes no will, estate will be divided under intestacy rules, and someone will have to apply for letters of administration to distribute it

[Caran]

No family of his own, divorced 30 years ago. I'm his only relative apartrom a long lost cousin who he doesn't get on with.

[barry1010]

Write to him about your concerns. If you can include phone numbers of local solicitors or will writers. Don't mention funerals, that can be arranged even at a distance when the time comes. Tell him about the repercussions of not leaving a will. Of course if you have no other siblings, he had no spouse, children or parents you would automatically inherit and be able to gift the proceeds to your daughter. Of course it would be easier if he did have a will but you can't force him to

[bednobs]

https://www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/no/no/no/yes
in that case you inherit (if he dies first) if you die forst your daughter (and any other children of brothers and sisters)inherit

[bobbinwales]

It may all come to you automatic then so you can then do what you want with it. Thats no good tho if he outlives you

[bednobs]

or if he needs care before he dies - there might not be anything to inherit in that case

[bhg481]

The other thing to bear in mind; if it goes to you via intestacy rules and you give it to your daughter, you have to live another 7 years to avoid her possibly having to pay death duty on it (depending on other factors). On those grounds it would pay you to persuade him to make a simple will and get it witnessed by two people. Provided that he leaves nothing to you, you are eligible to be a witness.

[Caran]

I have spoken about it to him. I know he won't bother with a solicitor. I've sent him cuttings about will making.
But would it be valid for him to say " I leave everything I possess to Jane"

[bednobs]

i presume you mean IHT?
WOuldn't that also be the case if it came directly to the daughter via a will from the uncle?

[Caran]

bhg481 I live too far away to be a witness, or did you mean executor?

[Mamyalynne]

Read through this Caran or send him the link, you can make your own will without a Solicitor but it needs to be right.

https://www.citizensadvice.org.uk/family/death-and-wills/wills/

[Caran]

Thank you Mamya will do that.

[barry1010]

For it to be valid his signature will have to be witnessed by two people who aren't beneficiaries and it will have to be dated. You, your daughter or anyone else can be executors. He can have one or more. His intentions must be clear and not open to interpretation. Even "I, Joe Bloggs of 1 High Street, leave everything I own to Jane Doe of 2 High St" would be valid if it were signed and witnessed properly.

[bhg481]

I meant witness; anyone can be an executor but benefitting from a will bars you from being a witness.
bednobs is right, there might be IHT (what I called death duty) to pay even if everything goes directly to your daughter but, if it goes via you, there might be more to pay depending on dates-of-death.

[joeski53]

Intestacy can take months to sort out sometimes over a year, I would write to him if you cant phone him and explain the benefits of a will or the disadvantages of not making a will, very difficult to raise the subject clearly. You need to tell him unless he leaves a will his daughter may not receive his wishes, very difficult subject but it has to be done, just keep saying that, how old is his daughter? Could you not express your concerns through her?

[TonyV]

Joeski Caran writes in her question that his intention is to make her daughter the sole beneficiary

[Barsel]

joeski53Read Carans post @14.46

[Caran]

Thank you all for excellent advice.
I have phoned him and made him aware of different things. Also sent links.

[joeski53]

Even if his daughter is the sole beneficiary will would still have to be made and witnessed surely!!