Help needed, selling car owned by decesaed

[Profpointy]

No Will = big headache..i think wills should be a legal requirement but things change with families.
i did mine yrs ago ..its still as i would wish..

frankly that's not so. In a straightforward case - dead husband leaves all to widow - will or no will is exactly the same.
Likewise, there's a formula where there are children with halves, quarters etc. If that's what the will was going to say anyway, no difference.

Now if there's some expectation that this person deserves more, and auntie nora is excluded, then it doesn't really make a difference if there's a will or not - quarrels will ensue whether it's "the will was unfair" or "the standard rules are unfair"

If you want to exclude the prodigal son, you need to write a will, if everyone gets the standard deal, no need.

 

[Levo-Lon]

frankly that's not so. In a straightforward case - dead husband leaves all to widow - will or no will is exactly the same.
Likewise, there's a formula where there are children with halves, quarters etc. If that's what the will was going to say anyway, no difference.

Now if there's some expectation that this person deserves more, and auntie nora is excluded, then it doesn't really make a difference if there's a will or not - quarrels will ensue whether it's "the will was unfair" or "the standard rules are unfair"

If you want to exclude the prodigal son, you need to write a will, if everyone gets the standard deal, no need.

i have step children and im married to their mother..so id think in my case a will is very important as i want them to be the benifactors. Not my sister or her kids etc
If a couple are married its more straight forward..but you see so many cases where the legal cost consumes most of the money..or along those lines..probate for months and months

 

[fossyant]

Not having a will is a problem, causes issues.

 

[Milkfloat]

My father died without a will (at least it was never found). The problems it caused ripple on 24 years later. This was with a very simple scenario of wife and two teenage kids. My mother's life was hell for quite a few years afterwards, even to the extent of pension companies legally being able to ignore expression of wishes forms.

 

[Profpointy]

i have step children and im married to their mother..so id think in my case a will is very important as i want them to be the benifactors. Not my sister or her kids etc
If a couple are married its more straight forward..but you see so many cases where the legal cost consumes most of the money..or along those lines..probate for months and months

In those circumstances, I would do a will - yes - else what you want wouldn't be the outcome.



Mind you will or no-will, legal costs can escalate if there's a dispute. Having a will doesn't avoid a dispute - if anything opens up grounds for dispute if anyone's been left out - and if no-one's been left out, the you don't really need a will (arguably)

 

[Profpointy]

My father died without a will (at least it was never found). The problems it caused ripple on 24 years later. This was with a very simple scenario of wife and two teenage kids. My mother's life was hell for quite a few years afterwards, even to the extent of pension companies legally being able to ignore expression of wishes forms.

Not disputing it was a problem, but based on what you say, I'd rather doubt if having a will would have helped - assuming the will would have said "leave it to my wife and kids" in the same proportions as the rules say. If the survivors think the will should have said different from the standard outcome, then that's rather different problem than lack of will.

 

[Milkfloat]

Not disputing it was a problem, but based on what you say, I'd rather doubt if having a will would have helped - assuming the will would have said "leave it to my wife and kids" in the same proportions as the rules say. If the survivors think the will should have said different from the standard outcome, then that's rather different problem than lack of will.

For the pension I agree - although the family was in complete agreement, it was the pension trustees that caused all the issues. Even in a straightforward scenario, like we were, the lack of will caused more costs and a significant delay in getting everything sorted. It often means that funeral costs have to be paid by third parties and even paying inheritance tax before getting the actual inheritance.

 

[Profpointy]

For the pension I agree - although the family was in complete agreement, it was the pension trustees that caused all the issues. Even in a straightforward scenario, like we were, the lack of will caused more costs and a significant delay in getting everything sorted. It often means that funeral costs have to be paid by third parties and even paying inheritance tax before getting the actual inheritance.

The pension thing is a worry. My pension had some term that the trustees would not be bound by my wishes unless they felt like. Was rather concerned to be honest. That said, I don't know that the will necessarily forces them to do as you say either.

 

[Milkfloat]

The pension thing is a worry. My pension had some term that the trustees would not be bound by my wishes unless they felt like. Was rather concerned to be honest. That said, I don't know that the will necessarily forces them to do as you say either.

I should probably not have mentioned the pension at all as you are right, the are totally independant and if the pension company decide to give all your money to a home for badgers or even the association for british drivers there is nothing your relatives can do to stop it.

I am very slack with paperwork, but after what my mother went through I have had a will since I hit 18. A lot of time you can get a will drawn up for free via different organisations, so it needn't cost much either.

 

[Milkfloat]

Really? I find that difficult to believe... There is some discretion around lump sum death payments but other than that, occupational pension funds cannot simply ignore the wishes of beneficiaries. That's been made clear by a number of Ombudsman's decisions.

Granted it was 24 years ago, but my mother's case made the times front page over this very issue. Expression of wishes asked for 100% to wife, pension executors decided a 50-25-25 split was more appropriate - the 25% lump sum went to my brother (19 at the time) immediately who spent it like a 19 year old.

 

[Milkfloat]

The rules have changed substantially and substantively since then.

Thank god! (assuming there is one, but that is a discussion for the helmet thread)

 

[Profpointy]

Really? I find that difficult to believe... There is some discretion around lump sum death payments but other than that, occupational pension funds cannot simply ignore the wishes of beneficiaries. That's been made clear by a number of Ombudsman's decisions.

I was being slightly tongue-in-cheeck, but the wording did say they weren't bound by my wishes. I believe this may be in case the deceased spitefully leaves his wife high-and-dry rather than the trustees giving all your money to themselves

I half-recall there is some tax benefit of having the trustees nominally allocate it rather than putting it into your estate, but may not be quite right on that.

 

[SD1]

Probate ? Wills ect..check with solicitor, but the solicitor says sell it...so sell it

Stay away from solicitors they only go to the "will person anyway".They generally deal with all legal matters related to this situation. I am constantly emailing my "wiil lady" for advise which she gives free. Although it is always to do with lasting power of attorney. I had her do my will and I am dealing with Solictors in the same firm so she may not have been so generous with her time if I wasn't.

 

[SD1]

If you want to exclude the prodigal son, you need to write a will, if everyone gets the standard deal, no need.

Exactly right. Although does relate to the OP question?

 

[Profpointy]

Exactly right. Although does relate to the OP question?

t'was in reply to someone saying "always write a will or the sky will fall" rather than a response to the OP