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No will, three beneficiary's, one does not want any of the estate

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  • No will, three beneficiary's, one does not want any of the estate

    I'm asking for a friend, as he is not very computer literate.
    His sister died leaving no will.
    There are three siblings, one of the siblings says he doesn't want any of the inheritance.
    A solicitor is dealing with this and has stated that the inheritance will therefore pass to his son.
    I have done a little research on this and my understanding is that his share will go back to the beneficiary's pot, unless he has stipulated otherwise.
    I have advised my fried to seek a second opinion on what his solicitor is stating.
    Would just welcome some views or examples.
    Thanks for reading.
    Tags: None

  • #2
    Your friend and his siblings may agree a deed of variation.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thanks for that.
      The person that doesn't want anything has just said I don't want anything, and left it at that. So the solicitor is saying it will go to his child.

      Comment


      • #4
        Does your friend, or indeed anyone, have a problem with that?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Yes he does, because if his brother says I dont want anything, it goes back to the pot so more for him. If it goes to a son he will get less. I hope I answered what you were refering to.

          Comment


          • #6
            If a beneficiary disclaims his inheritance the estate will be distributed as though he has predeceased the testator and the intestacy rules will determine who should receive the gift instead.
            So in this case it will pass to his son.

            But as atticus a deed of variation can be used to alter the distribution of assets so that the estate is divided between the other two siblings

            Comment


            • #7
              Your friend would prefer to benefit at his nephew's expense?
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment

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