No Will.

As has already been said, whether the nephew, as the deceased brother’s son (whether the widow is his mother is irrelevant), will inherit depends on the size of the estate. Nothing to do with the wife’s goodwill (though he needs to keep an eye on things in case she decides to try to shaft him).

I can understand your reasons for going to a solicitor Gramaretto but you were first in the line of inheritance of your husband’s estate and would have needed guidance about its distribution. The OP is sadly not entitled to inherit anything.

For those of you who don’t know, I am a retired solicitor.

I wouldn't have thought your nephew was in line to inherit . I am sorry for your loss but separated or not your brother was still married at the time of his death. Therefore surely by law she is the sole beneficiary?

The reason I suggest a solicitor is that when my DH died intestate, 18 months ago, I found one who was able to be the calm voice of reason and the law and was a support when I was grieving and didn't know what to do.
She helped with all kinds of things such as pension advice and of course helped me to write my will. It wasn't very expensive and gave me peace of mind.

Amandajs66
is the wife/widow the mother of your nephew?
If she is then he will certainly inherit, if not I am afraid it would be up to her goodwill if she has some.
Alternatively you could make sure your nephew is OK by leaving him an inheritance in your own will and continuing to care for his interests.

So sorry to hear of your loss.

I can confirm what has been said by Oak Dryad as to the distribution of your late brother’s estate if he didn’t leave a valid will. There is no point at all in your consulting a solicitor as you will not inherit. If you are in touch with your brother’s son you might tactfully be able to let him know his rights if his father’s estate was large enough to allow him to inherit, so that he can pursue the matter with the estranged wife (I assume his mother?). But I’m afraid that despite your brother naming you as his next of kin, legally you aren’t and have no standing in this so please don’t waste money on a solicitor.

I’m so sorry for your loss amandajs66. Having no will makes a difficult time so much worse. My only advice is to get the best solicitor you can, preferably that comes recommended by friends or family. Or speak to Citizens Advice.

Condolences on your loss.
Sorry if this sounds harsh, when you are grieving and worried.
You are not first in line to apply for Letters of Administration (= Probate if there is no will)..
First in line is the wife, even estranged, then any child, then grandchild, then parent, and fifthly, a sibling of the deceased. So do not waste money on a solicitor to tell you this. Information is freely available on both the Gov.uk and CAB websites.
I am not sure what legal documents your brother signed to make you his NOK. If he gave you Power of Attorney, I am sorry to say that terminated on his death. It is a shame he did not make a will too.

You need to see a solicitor. When I was young, my father died with no will, it was an absolute nightmare. My condolences on the passing of your brother. For other Gransnetters, please if you have no will, go and get one made. Otherwise your loved ones will have months and months of legal wrangles, all at a time you are grieving and not adept at rational thought or judgement.

I always thought that in the UK if someone died without leaving a will, there were strict rules on inheritance. Therefore, the surviving spouse inherits. It is then up to them if any children get anything.

So sorry for your loss

If his son is aware of his father's death, he can choose or not to take action.

So sorry for your loss, you are only looking out for your nephew which is understandable.

I am also of the opinion that if your brother and his wife were still married then she will inherit everything especially as there is no Will.

OakDryad

paddyann54 I was thrown by the my son has a son and overlooked the reference to a nephew in the next paragraph so OP meant to say my brother has a son? In that case the deceased's son may inherit something depending on the value of the estate as explained. The wife will be entitled to:

all the personal property and belongings

the first £270,000 of the estate, and

half of the remaining estate.

That's my understanding from CAB website.

Sorry, it’s a mistake regarding my son had a son…
Note to self, read post before posting. ?

Hetty58

Amandajs66;

'Has anyone had anything similar?'

My husband died young with no will. I had to go to the probate office, answer some questions and sign forms, also swear an oath with a solicitor. I inherited.

I would have found it most peculiar if a sister had jumped in, expecting anything.

I’m certainly not expecting anything. I am just looking out for my nephew.
I had to clear out his flat last weekend as he lived in rented accommodation. Sadly there wasn’t anything worth keeping for my nephew so I’m really hoping he can get the amount that’s in bank accounts etc.

If he is still married,wife will inherit.That is the law.

Amandajs66;

'Has anyone had anything similar?'

My husband died young with no will. I had to go to the probate office, answer some questions and sign forms, also swear an oath with a solicitor. I inherited.

I would have found it most peculiar if a sister had jumped in, expecting anything.

So very sorry for your loss Amandajs66. You will need to contact your solicitor.

paddyann54 I was thrown by the my son has a son and overlooked the reference to a nephew in the next paragraph so OP meant to say my brother has a son? In that case the deceased's son may inherit something depending on the value of the estate as explained. The wife will be entitled to:

all the personal property and belongings

the first £270,000 of the estate, and

half of the remaining estate.

That's my understanding from CAB website.

So sorry for the loss of your brother. Quite young. If your brother and his wife are still legally married, you will have some problems. You need to see a solicitor asap.

Ithought the OP said theres a son who lives abroad and she's concerned the wife will get the inheritance instead of him?

You can name who like as next of kin but they have no legal powers, rights or responsibilities.

Intestancy laws for married partners and civil partners state that partners who separated informally can still inherit under the rules of intestacy.

If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £270,000, the partner will inherit:

all the personal property and belongings of the person who has died, and

the first £270,000 of the estate, and

half of the remaining estate.

If there are no surviving children, grandchildren or great-grandchildren, the partner will inherit:

all the personal property and belongings of the person who has died and


the whole of the estate with interest from the date of death.


Parents, brothers and sisters and nieces and nephews of the intestate person may inherit under the rules of intestacy. This will depend on a number of circumstances:

whether there is a surviving married or civil partner

whether there are children, grandchildren or great grandchildren.

in the case of nephews and nieces, whether the parent directly related to the person who has died is also dead

the amount of the estate.

From what you have written, I assume that your brother and his wife did not have children and so my understanding is that everything will go to his wife.

www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy

www.gov.uk/applying-for-probate/if-theres-not-a-will
There’s guidance here.
The wife is likely to partially inherit.

Find yourself a good solicitor who can probably put your mind at rest.
I am sorry for your loss.

paddyann54

If he was still married surely his wife is next of kin?

On all his legal documents he added me as his next of kin. Apparently you can chose anyone you like. x

If he was still married surely his wife is next of kin?