Can my brother give up all rights to my fathers will?

[71silverfox]

Me and my brother were named as the beneficiaries in my late fathers will.
They had a fall out before he died , and now does not want any of the money from othe estate.
Is it possible for me to have everything?
I have applied for probate (no solicitor involved) - and the estate fall under the Inheritance tax threshold.

[dave50]

Simplist thing would be to let your brother get his share then just give it all to you if he doesn't want it.

[starone]

Why doesn't he just give it to his favourite charity?

[samak]

Agree with dave50

[71silverfox]

Dave50 - Wouldnt i be liable for tax then?
He also has quite a considerable amount of debt so I dont know if it would be that easy..

[sara3]

I think you should try to dissuade him. if he has debt, he would surely do better to clear that, even if he chooses to give up the rest.

even if he had a massive fallout with your late father, he should take the opportunity to straighten out his own problems. it doesn't have to mean he "forgives" whatever happens, but to make the most of a dark situation.

[dzug2]

You can do it officially with a deed of variation, to which you both have to agree. I'm sure you can do it without a solicitor but I'm not sure of the procedure.

But he should be paying his debts, not nursing injured pride - or worse, just trying to get out of paying them

[sara3]

I think he'd regret it at some stage.

[factor-fiction]

I'm not sure what you mean by "would I be liable for tax". If the estate isn't big enough for IHT then there is no tax for tehe state to pay and I can' see why the beneficiaries would have to pay tax.

I think you dave50's advice is spot on. The executor has to distribute the estate in accordance with the will. It's then up to him what he does with it- he can keep it, give to you, pay off his debts, give it to charity.

I'm not sure what happens though if the executor gives him a cheque and he rips it up, a steh money would still be in the executor account

[71silverfox]

@ Factor30 - We are both executors of the will anyway.
Even if the money is given to me - I plan to sort his debts out anyway.
He is leading a very simple life at the moment and wants to keep it that way!
Thanks for all the replies,

Darryl.

[B00]

Can I have his share?

<grins winsomely>

[dzug2]

I think you would be well advised to get a deed of variation done anyway. Without it he could come back to you later demanding his inheritance again. However unlikely you think that the unexpected is always possible.