intestacy

[arizona]

My elderly brother passed away last year leaving no will. The legacy has been split between my sister and I in accordance with the 'intestacy rules'. I am not in good health and unlikely to utilise 'potentially exempt transfers' for the benefit of my children. Can another arrangement be made to salvage the situation?

[King_Maker]

A DoV (Deed of Variation)?

Has your solicitor mentioned such an option?

DoV questions appear very regularily on this forum.

[arizona]

thanks 'king Maker, two points arise from your comments:
how do I get a deed of variation to a will when there was no will?

the solicitor used by the executor refused to have anything to do with DofV.

[King_Maker]

A Variation does not require the existence of a Will - varying a disposition under an Intestacy is possible also.

Get a another solicitor!

[Peter D]

DOV's with a Intestate relative are a big problem. However you will need to tell me the size of the problem, your age and your actual health situation. to perhaps give any guidance. I have spent this afternoon with a Lawyer addressing such issues. Regards Peter

[arizona]

Peter D
Thanks for your comments,
My share likely to be £100k+, mid 70s,heart difficulties. Does this information help?

[Peter D]

Yes some lawyers appear reluctant to act but as Kin_Maker has said varying a dispositon uner intestacy can be done It souds as though your solictor has not acted in your best interest or even discussed these options with you. The size of the problem is not an issue at £100K and a well versed lawyer/solicitore should resolve this the share go directed to your children as of the DOD. Regards Peter

[arizona]

Thanks guys for your help. I don't know at this stage which way I will go but your information has been very useful.