Dying intestate

[Oneeyedvic]

My wifes uncle has just died. He intended to leave a will and had signed the details of what he wanted to happen but had not actually signed the will

He was childless and his parents are deceased

His closest living relatives are his sisters three children (one of whom is my wife). He leaves half a house (worth around £100k) and around £30,000 in cash and shares

The reason he leaves half a house is because the house was owned by his mother who left it equally to him and his sister - but his sisters share (my wifes mother) is to be split between my sister and her brothers.

The next closest relatives are a cousin. He was in a relationship with a woman as well who stayed over a few times a week but who was not financially dependent.

His wishes were that the half a house that he owned was split into one fifth - equally shared between my wife and her brothers, her cousin and his partner. A further amount was to be put in trust for my wifes grandchildren.

Since the will wasn't signed, what happens?
I believe that the only people entitled to anything are my wife and her brothers.
Also my wife and her elder brother are happy to abide by his wishes - but her other brother (money grabbing basket) will want as much as possible - is there anyway of 'forcing' him to abide by his wishes (2 out of 3 voting etc)

[woofgang]

nope. The intestacy law applies like a big old steamroller. You might appeal to his better nature?????????
The only exception might be if you can prove that someone who isn't entitled to a legacy might be entitled for another reason eg they are a dependent of the deceased.

[Barmaid]

Unfortunately, since the Will was not properly executed the rules of intestacy apply. It would be possible to vary the intestacy rules but only if all those affected agree. Given that he only had one sister (if I've read it right), only her issue should take under the intestacy rules.

Can you give any further information as to why the Will was not signed? Were professionals involved?

[Oneeyedvic]

Purely down to time - he had an appointment to sign it tomorrow :(

Yes he only had one sister (who died 10 years ago) - is it just her siblings who inherit then?

[Oneeyedvic]

And do the children and grand children inherit anything?

Also is there a need to employ a solicitor

[woofgang]

scroll down to about halfway down the page.
http://www.hmcourts-s.../probate/why_will.htm

[Barmaid]

Just issue of the sister will inherit. If any of the sister's issue have died leaving children, the children inherit their parents' share.

The only reason I asked about the non signature of the will was to see if there was a potential for a prof neg claim on behalf of the disappointed beneficiaries.

[Oneeyedvic]

Since this therefore seems quite simple, is there a need for solicitors?

[dzug2]

The only need for a solicitor might be a persuasive one - to convince the loser(s) that the intestacy rules do apply and what they are.

[Oneeyedvic]

The losers don't actually know that they were in the will so that isn't a problem - we probably will need a solicitor as my wife and one brother are determined to carry out his last wishes and will therefore get a legal agreement drawn out to enable this

[dzug2]

<< as my wife and one brother are determined to carry out his last wishes and will therefore get a legal agreement drawn out to enable this>>

They will not be able to do this without the agreement of the older brother - a Deed of variation requires the consent of those adversely affected by it.

They can do what they like with their own shares and don't need a legal agreement to do so.