Dying without a Will

[yelenots]

I have an elderly relative who hasnt made a Will. I am next of kin. What happens when she dies - is it very complicated? She I try and persuade her to make one, and does anyone who if a solicitor would come to the house? Thanks

[dothawkes31]

Contact help the aged or age concern and ask for some advice.

[cazzz1975]

I would imagine her property/assets will be left to blood family members

[poodicat]

yelenots makes it difficult believe me,scottish law means it has to go to court,where a bond of caution is placed

[mike11111]

If she dies without leaving a will, as next of kin you would apply to the court for letters of administration to enable you to dispose of the estate. If you are next of kin with no one of equal rank then her property will come to you. If you share status with someone else, e.g. two nieces, then the property will be divided between you. Still better to make a will, though.

[Robinia]

Contact Citizen's advice
(I found Age Concern of no help when I needed them)

[mike11111]

My previous answer was based on English law - I don't know what the position would be in Scotland.

[Richard1966]

If someone dies without a will this is now as dying Interstate. Their are rules (in the UK) that have to be followed in a situation like this and these lay out the order in which family members inherit. First is a surviving spouse/civil partner, followed by children, then back up to the deceased parents then brothers and sisters. If your not one of these, you get nowt.

A simple will, i.e all the estate to one person, is relatively simple and in theory a solicitor is not needed. You can get a simple kit from most stationary shops or WH Smiths. Any solicitor who does wills (and most will because is a good earner) will do a home visit, of course they will charge for it. Your relative needs to have mental competency to create the will.

[Bettypat]

If your relative is in full possession of her mental faculties, then she can easily make a will and any solicitor, I am sure, would only be too pleased to come out to see her. Otherwise, if she does not make a will then she will be deemed to have died intestacy and relatives would take shares according to the Rules of Intestacy. She may not want to give to some of these people, so it is far better for her to make a Will if she is capable.

[brenda]

If she makes a will with a solicitor make sure she keeps it at home, do not let the solicitor take it and presume he will administer all when she dies, this will cost you big time.. Do not let the solicitor be an executor because this will take mega bucks from the estate when the time comes.

If you are her sole relative you can do all the necessary work at the probate office yourself.It is not difficult providing the will is simple and the estate un complicated.
If you can read, and they provide you with loads of help , then you can do it and the charges are modest.
Don't throw money away on solicitors , when you do not need to.

[Skyline D]

Where someone dies intestate in Scotland it does NOT necessarily have to go to Court as poodicat says. My grandmother died without a will and I dealt with the estate without involving either solicitors or courts.

In her case my grandfather was still alive to inherit everything though and she didn't own anything at all outside of her bank accounts and a few premium bonds. Never the less, I dealt with everything with no more than a copy of the death certificate.

I would however expect it's much more complicated if there isn't a surviving spouse or more than one child involved.

[yelenots]

Thank you everyone for your advice

[yelenots]

Hello I have followed advice and purchased a Last Will & Testament 'Kit' in order for my relative to make a 'simple' will. She wants all her possession & property to left to one person and some of her money to be shared out. Please could someone advise me how it all needs to be worded? I will be named as her executor, does my address etc need to go on it too? Not done this sort of thing before so any advice would be very much appreciated! Thanks