Puzzled by a TV Show - When someone dies without a will?

[flipflops]

It was one of those true life problem shows.

Two brothers whose mum died without leaving a will, but just before she died she was reported as saying that one brother shouldn't get anything so the other brother got the lot, money house etc.

It was a while ago, but I'm just wondering how it came about. Is it something that's easy to do if the other, disinherited person doesn't  put up a challenge?

[groom]

I always understood that if there isn't a will then the deceased's estate is distributed according to the Law on Intestacy. This would mean if there was no surviving partner the money is shared equally between children. Otherwise what would there be to stop a person saying that the deceased said they were to have it all and getting friends to swear that they were there when it was said?

[RJ_Paton]

A lot depends on the time frame - land and houses used to go to the eldest son by right of  primogeniture -

the first-born son inherited the entirety of a parent's wealth, estate, title or office and then would be responsible for any further passing of the inheritance to his siblings

Later on if no will was left then the estate would have been split between the children, more or less equally. The sting I think comes in the last sentence of your post "if the other, disinherited person doesn't  put up a challenge? " . If unchallenged the primary inheritor could get away with anything possibly until such times as a valid challenge is made and upheld.

[msallen]

Its probably quite feasible if there were independent witnesses to the statement (ie not just the brother who was to get it all).

I have a number of probate records which, rather than a will, contain a sworn statement, written after the death, detailing what the deceased had said they wanted to happen to their estate.

[Dancing Master]

Word of mouth is not sufficient if two sons  and no will the estate will be divided equally in law, the Probate Court and /or solicitor would be obliged to divide the estate.  Perhaps the second person  and the authorities were deliberately not told about the 2nd person. but any good solicitor would check it out.

How long ago was this? 

[newburychap]

There are such things as nuncupative wills - essentially verbal instructions given from the deathbed.  Like normal wills they must be recorded and witnessed (by at least two people), but not necessarily signed by the testator - who may well be dead by the time the will is written up and the witnesses sign.

[flipflops]

It was abt eight to ten years ago.  So if it wasn't a nuncupative will, one son acted illegally but is unlikely to be found out unless there's some kind of challenge, which would probably be statute barred by now. the things people do.

[davidft]

It was abt eight to ten years ago.  So if it wasn't a nuncupative will, one son acted illegally but is unlikely to be found out unless there's some kind of challenge, which would probably be statute barred by now. the things people do.

i don't think so. My reading of the Limitation Act 1980 says otherwise.

Remember not all crimes are statute barred after time eg murder

[Valda]

Hi


'A Non-cupative will or ‘deathbed will’ was an orally declared will in front of two witnesses. A holographic will was handwritten by the person making the will, signed and dated by them but not witnessed. This sort of will was often found amongst the deceased papers. These types of wills were legal until the Wills Act 1837. In the case of non-cupative wills an exception was made after 1837 for military personnel on active service and merchant seamen.'


Regards

Valda