• Intestacy

    From Nick Odell@nickodell49@yahoo.ca to uk.legal.moderated on Fri Sep 4 13:39:06 2026
    From Newsgroup: uk.legal.moderated

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want
    to happen.

    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?

    Do I need to do this formally?

    Nick

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  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Fri Sep 4 16:14:00 2026
    From Newsgroup: uk.legal.moderated

    On 4 Sep 2026 at 13:39:06 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want
    to happen.

    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?

    Do I need to do this formally?

    Nick

    I can think of two good reasons for making a will (in general, I don't know your circumstances). First is that the rules might change; the second is the possibility of arguments about who should administer the estate or about the application of said rules could consume a large part of the estate if there happens to be more than one person who survives you with a possible interest
    in the estate.


    Another reason is fine tuning of thing like funeral preferences (if any) and disposition of personal possessions, which may or may not be relevant to a particular individual.
    --

    Roger Hayter

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  • From Andy Burns@usenet@andyburns.uk to uk.legal.moderated on Fri Sep 4 19:48:21 2026
    From Newsgroup: uk.legal.moderated

    Nick Odell wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want
    to happen.

    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?
    Other than the default rules, there are other differences, e.g. naming
    an executor vs someone applying to be your administrator, there are some
    edge cases that don't apply to administrators e.g. where an estate is
    partly completed and an administrator dies mid-process ...


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  • From Mark Goodge@usenet@listmail.good-stuff.co.uk to uk.legal.moderated on Fri Sep 4 20:02:15 2026
    From Newsgroup: uk.legal.moderated

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca> wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want
    to happen.

    They may be what you want now. But consider the possibility that you may end your days in a state of mental decline and no longer have capacity to
    express your wishes. And, in the meantime, the rules may change again, so
    that when the time finally comes to implement them they may no longer be
    what you want to happen.

    Mark

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  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Fri Sep 4 20:02:40 2026
    From Newsgroup: uk.legal.moderated

    On 4 Sep 2026 at 13:39:06 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want
    to happen.

    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?

    Do I need to do this formally?

    Nick

    I've thought of another issue, which may not of course apply to your circumstances. Currently the rules change when the estate reaches a certain value (which value may itself be changed). If your estate should go up or down in value, perhaps after you have lost testamentary capacity, the result may
    not be as you expect with the current value.
    --

    Roger Hayter

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  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Fri Sep 4 15:18:06 2026
    From Newsgroup: uk.legal.moderated

    On 04/09/2026 13:39, Nick Odell wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want
    to happen.

    I hope you've taken legal advice on that rather then just relying on
    what you think is the position. There are, for example, all sorts of
    rules about whether a gift that fails because the intended recipient has
    died falls to his offspring or falls back into the estate, about which
    many are unaware.
    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?

    Do I need to do this formally?
    No, all you need to do is to destroy the original Will.

    However, you would be best advised to execute a new Will as that will
    make it much easier for your successors to obtain Probate and administer
    your estate as you intend. And will avoid any such arguments as 'he
    wanted me to have it, it was in his earlier Will'.




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  • From Nick Odell@nickodell49@yahoo.ca to uk.legal.moderated on Sat Sep 5 19:22:15 2026
    From Newsgroup: uk.legal.moderated

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca>
    wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want
    to happen.

    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things
    still to consider. There's nothing I would prefer to change about my
    current, out-of-date, will - it's just that most of the clauses have
    become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their
    own children to worry about. And as I said, all the important stuff
    would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to
    fifty quid in the next budget, I'll leave things as they are for now
    and think it over.

    Thanks again,

    Nick

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  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Sat Sep 5 21:00:57 2026
    From Newsgroup: uk.legal.moderated

    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote:

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca>
    wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want
    to happen.

    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things
    still to consider. There's nothing I would prefer to change about my
    current, out-of-date, will - it's just that most of the clauses have
    become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their
    own children to worry about. And as I said, all the important stuff
    would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to
    fifty quid in the next budget, I'll leave things as they are for now
    and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed or revoked? If it is still valid I fail to see how the intestacy rules can possibly affect you.
    --

    Roger Hayter

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  • From The Todal@the_todal@icloud.com to uk.legal.moderated on Sun Sep 6 08:05:55 2026
    From Newsgroup: uk.legal.moderated

    On 05/09/2026 22:00, Roger Hayter wrote:
    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote:

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca>
    wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want
    to happen.

    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things
    still to consider. There's nothing I would prefer to change about my
    current, out-of-date, will - it's just that most of the clauses have
    become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their
    own children to worry about. And as I said, all the important stuff
    would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to
    fifty quid in the next budget, I'll leave things as they are for now
    and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed or revoked? If it is still valid I fail to see how the intestacy rules can possibly affect you.


    I think the OP is saying that he prefers dying intestate to dying with a
    valid will because the intestacy rules accurately reflect his true wishes.

    However, a probate lawyer might say that the costs involved in
    administering an intestate estate are likely to exceed the costs of
    admitting a will to probate and then distributing the estate.

    A will is likely to save time and costs for those left behind. It might
    mean that the executor doesn't even need to instruct a law firm.

    https://www.secureinheritance.co.uk/blog/posts/the-hidden-cost-of-dying-without-a-will-a-real-life-probate-lesson/

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  • From Nick Odell@nickodell49@yahoo.ca to uk.legal.moderated on Sun Sep 6 00:22:30 2026
    From Newsgroup: uk.legal.moderated

    On 5 Sep 2026 21:00:57 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote:

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca>
    wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want
    to happen.

    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things
    still to consider. There's nothing I would prefer to change about my
    current, out-of-date, will - it's just that most of the clauses have
    become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their
    own children to worry about. And as I said, all the important stuff
    would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to
    fifty quid in the next budget, I'll leave things as they are for now
    and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed or >revoked? If it is still valid I fail to see how the intestacy rules can >possibly affect you.

    My existing will is still valid. Several clauses - the guardianship -
    what should happen with certain archive materials etc etc - have all
    been made redundant through the passage of time and now nothing in the
    will sits outside current intestacy rules. The idea I floated was with
    the thought of making things simpler by doing a Liam Byrne[1] and
    leaving a note saying "there is no will"[2] Then destroying the old
    one.

    Nick
    [1] "Dear Chief Secretary, I'm afraid there is no money. Kind regards
    u and good luck! Liam."
    [2]There's not much money either hence the reference to fifty quid,
    earlier

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  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Sun Sep 6 09:29:52 2026
    From Newsgroup: uk.legal.moderated

    On 6 Sep 2026 at 08:05:55 BST, "The Todal" <the_todal@icloud.com> wrote:

    On 05/09/2026 22:00, Roger Hayter wrote:
    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote:

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca>
    wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want >>>> to happen.

    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things
    still to consider. There's nothing I would prefer to change about my
    current, out-of-date, will - it's just that most of the clauses have
    become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their
    own children to worry about. And as I said, all the important stuff
    would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to
    fifty quid in the next budget, I'll leave things as they are for now
    and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed or
    revoked? If it is still valid I fail to see how the intestacy rules can
    possibly affect you.


    I think the OP is saying that he prefers dying intestate to dying with a valid will because the intestacy rules accurately reflect his true wishes.

    However, a probate lawyer might say that the costs involved in
    administering an intestate estate are likely to exceed the costs of
    admitting a will to probate and then distributing the estate.

    A will is likely to save time and costs for those left behind. It might
    mean that the executor doesn't even need to instruct a law firm.

    https://www.secureinheritance.co.uk/blog/posts/the-hidden-cost-of-dying-without-a-will-a-real-life-probate-lesson/

    No one in this thread seems to have identified any actual advantages of intestacy.
    --

    Roger Hayter

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  • From Jeff Layman@Jeff@invalid.invalid to uk.legal.moderated on Sun Sep 6 10:57:39 2026
    From Newsgroup: uk.legal.moderated

    On 06/09/2026 10:29, Roger Hayter wrote:
    On 6 Sep 2026 at 08:05:55 BST, "The Todal" <the_todal@icloud.com> wrote:

    On 05/09/2026 22:00, Roger Hayter wrote:
    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote: >>>
    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca>
    wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now >>>>> dawned on me that, since I last revised my will, so much has changed >>>>> that default intestacy rules would match exactly what I would now want >>>>> to happen.

    Is it sufficient for me to renounce previous wills and declare there >>>>> is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things
    still to consider. There's nothing I would prefer to change about my
    current, out-of-date, will - it's just that most of the clauses have
    become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their
    own children to worry about. And as I said, all the important stuff
    would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to
    fifty quid in the next budget, I'll leave things as they are for now
    and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed or >>> revoked? If it is still valid I fail to see how the intestacy rules can
    possibly affect you.


    I think the OP is saying that he prefers dying intestate to dying with a
    valid will because the intestacy rules accurately reflect his true wishes. >>
    However, a probate lawyer might say that the costs involved in
    administering an intestate estate are likely to exceed the costs of
    admitting a will to probate and then distributing the estate.

    A will is likely to save time and costs for those left behind. It might
    mean that the executor doesn't even need to instruct a law firm.

    https://www.secureinheritance.co.uk/blog/posts/the-hidden-cost-of-dying-without-a-will-a-real-life-probate-lesson/

    No one in this thread seems to have identified any actual advantages of intestacy.

    The "Heir Hunters" seem to make a reasonable living from it...
    --
    Jeff

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  • From SH@i.love@spam.com to uk.legal.moderated on Sun Sep 6 12:06:11 2026
    From Newsgroup: uk.legal.moderated

    On 06/09/2026 00:22, Nick Odell wrote:
    On 5 Sep 2026 21:00:57 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote:

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca>
    wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want >>>> to happen.

    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things
    still to consider. There's nothing I would prefer to change about my
    current, out-of-date, will - it's just that most of the clauses have
    become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their
    own children to worry about. And as I said, all the important stuff
    would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to
    fifty quid in the next budget, I'll leave things as they are for now
    and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed or
    revoked? If it is still valid I fail to see how the intestacy rules can
    possibly affect you.

    My existing will is still valid. Several clauses - the guardianship -
    what should happen with certain archive materials etc etc - have all
    been made redundant through the passage of time and now nothing in the
    will sits outside current intestacy rules. The idea I floated was with
    the thought of making things simpler by doing a Liam Byrne[1] and
    leaving a note saying "there is no will"[2] Then destroying the old
    one.

    Nick
    [1] "Dear Chief Secretary, I'm afraid there is no money. Kind regards
    rCo and good luck! Liam."
    [2]There's not much money either hence the reference to fifty quid,
    earlier



    Could a Codicil be a possibility where the now-extant specific clauses
    are detailed as being of no consequence anymore?

    I do know that marriage or divorce after a will is created does annul
    the will......

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  • From SH@i.love@spam.com to uk.legal.moderated on Sun Sep 6 12:07:09 2026
    From Newsgroup: uk.legal.moderated

    On 06/09/2026 10:57, Jeff Layman wrote:
    On 06/09/2026 10:29, Roger Hayter wrote:
    On 6 Sep 2026 at 08:05:55 BST, "The Todal" <the_todal@icloud.com> wrote:

    On 05/09/2026 22:00, Roger Hayter wrote:
    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca>
    wrote:

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca> >>>>> wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now >>>>>> dawned on me that, since I last revised my will, so much has changed >>>>>> that default intestacy rules would match exactly what I would now >>>>>> want
    to happen.

    Is it sufficient for me to renounce previous wills and declare there >>>>>> is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things >>>>> still to consider. There's nothing I would prefer to change about my >>>>> current, out-of-date, will - it's just that most of the clauses have >>>>> become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their >>>>> own children to worry about. And as I said, all the important stuff
    would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to
    fifty quid in the next budget, I'll leave things as they are for now >>>>> and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been
    destroyed or
    revoked? If it is still valid I fail to see how the intestacy rules can >>>> possibly affect you.


    I think the OP is saying that he prefers dying intestate to dying with a >>> valid will because the intestacy rules accurately reflect his true
    wishes.

    However, a probate lawyer might say that the costs involved in
    administering an intestate estate are likely to exceed the costs of
    admitting a will to probate and then distributing the estate.

    A will is likely to save time and costs for those left behind. It might
    mean that the executor doesn't even need to instruct a law firm.

    https://www.secureinheritance.co.uk/blog/posts/the-hidden-cost-of-
    dying-without-a-will-a-real-life-probate-lesson/

    No one in this thread seems to have identified any actual advantages of
    intestacy.

    The "Heir Hunters" seem to make a reasonable living from it...


    yes they do, and their commission is around 30% of the Estate value PLUS VAT.....

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Nick Odell@nickodell49@yahoo.ca to uk.legal.moderated on Sun Sep 6 11:21:13 2026
    From Newsgroup: uk.legal.moderated

    On 6 Sep 2026 09:29:52 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 6 Sep 2026 at 08:05:55 BST, "The Todal" <the_todal@icloud.com> wrote:

    On 05/09/2026 22:00, Roger Hayter wrote:
    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote: >>>
    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca>
    wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now >>>>> dawned on me that, since I last revised my will, so much has changed >>>>> that default intestacy rules would match exactly what I would now want >>>>> to happen.

    Is it sufficient for me to renounce previous wills and declare there >>>>> is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things
    still to consider. There's nothing I would prefer to change about my
    current, out-of-date, will - it's just that most of the clauses have
    become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their
    own children to worry about. And as I said, all the important stuff
    would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to
    fifty quid in the next budget, I'll leave things as they are for now
    and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed or >>> revoked? If it is still valid I fail to see how the intestacy rules can
    possibly affect you.


    I think the OP is saying that he prefers dying intestate to dying with a
    valid will because the intestacy rules accurately reflect his true wishes. >>
    However, a probate lawyer might say that the costs involved in
    administering an intestate estate are likely to exceed the costs of
    admitting a will to probate and then distributing the estate.

    A will is likely to save time and costs for those left behind. It might
    mean that the executor doesn't even need to instruct a law firm.

    https://www.secureinheritance.co.uk/blog/posts/the-hidden-cost-of-dying-without-a-will-a-real-life-probate-lesson/

    No one in this thread seems to have identified any actual advantages of >intestacy.

    Well, the deceased in the article that prompted all this is presumed
    to have found at least one. I emphasis that his family circumstances
    are not and are never likely to be the same as mine but by staying
    schtum he managed to achieve what he wanted without putting in writing
    things that might set the relatives at each others' throats.

    Well, that's how I interpreted it, anyway. <https://www.theguardian.com/lifeandstyle/2026/sep/04/leading-questions-my-dad-died-suddenly-with-no-will-how-should-i-distribute-his-estate>

    Nick

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  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Sun Sep 6 12:26:11 2026
    From Newsgroup: uk.legal.moderated

    On 6 Sep 2026 at 11:21:13 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote:

    On 6 Sep 2026 09:29:52 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 6 Sep 2026 at 08:05:55 BST, "The Todal" <the_todal@icloud.com> wrote:

    On 05/09/2026 22:00, Roger Hayter wrote:
    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote: >>>>
    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca> >>>>> wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now >>>>>> dawned on me that, since I last revised my will, so much has changed >>>>>> that default intestacy rules would match exactly what I would now want >>>>>> to happen.

    Is it sufficient for me to renounce previous wills and declare there >>>>>> is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things >>>>> still to consider. There's nothing I would prefer to change about my >>>>> current, out-of-date, will - it's just that most of the clauses have >>>>> become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their >>>>> own children to worry about. And as I said, all the important stuff
    would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to
    fifty quid in the next budget, I'll leave things as they are for now >>>>> and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed or >>>> revoked? If it is still valid I fail to see how the intestacy rules can >>>> possibly affect you.


    I think the OP is saying that he prefers dying intestate to dying with a >>> valid will because the intestacy rules accurately reflect his true wishes. >>>
    However, a probate lawyer might say that the costs involved in
    administering an intestate estate are likely to exceed the costs of
    admitting a will to probate and then distributing the estate.

    A will is likely to save time and costs for those left behind. It might
    mean that the executor doesn't even need to instruct a law firm.

    https://www.secureinheritance.co.uk/blog/posts/the-hidden-cost-of-dying-without-a-will-a-real-life-probate-lesson/

    No one in this thread seems to have identified any actual advantages of
    intestacy.

    Well, the deceased in the article that prompted all this is presumed
    to have found at least one. I emphasis that his family circumstances
    are not and are never likely to be the same as mine but by staying
    schtum he managed to achieve what he wanted without putting in writing
    things that might set the relatives at each others' throats.

    Well, that's how I interpreted it, anyway. <https://www.theguardian.com/lifeandstyle/2026/sep/04/leading-questions-my-dad-died-suddenly-with-no-will-how-should-i-distribute-his-estate>

    Nick

    I have read that and I think the result is the opposite of what you suggest. Instead of the father stating his wishes, and perhaps giving his reasoning,
    the decision on how to implement the intestacy is left to the personal representative. And this would seem to increase rather decrease the chance of resentment from the half-sisters.
    --

    Roger Hayter

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Sun Sep 6 14:41:32 2026
    From Newsgroup: uk.legal.moderated

    On 06/09/2026 13:26, Roger Hayter wrote:
    On 6 Sep 2026 at 11:21:13 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote:

    On 6 Sep 2026 09:29:52 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 6 Sep 2026 at 08:05:55 BST, "The Todal" <the_todal@icloud.com> wrote: >>>
    On 05/09/2026 22:00, Roger Hayter wrote:
    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote: >>>>>
    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca> >>>>>> wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now >>>>>>> dawned on me that, since I last revised my will, so much has changed >>>>>>> that default intestacy rules would match exactly what I would now want >>>>>>> to happen.

    Is it sufficient for me to renounce previous wills and declare there >>>>>>> is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things >>>>>> still to consider. There's nothing I would prefer to change about my >>>>>> current, out-of-date, will - it's just that most of the clauses have >>>>>> become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their >>>>>> own children to worry about. And as I said, all the important stuff >>>>>> would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to
    fifty quid in the next budget, I'll leave things as they are for now >>>>>> and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed or >>>>> revoked? If it is still valid I fail to see how the intestacy rules can >>>>> possibly affect you.


    I think the OP is saying that he prefers dying intestate to dying with a >>>> valid will because the intestacy rules accurately reflect his true wishes. >>>>
    However, a probate lawyer might say that the costs involved in
    administering an intestate estate are likely to exceed the costs of
    admitting a will to probate and then distributing the estate.

    A will is likely to save time and costs for those left behind. It might >>>> mean that the executor doesn't even need to instruct a law firm.

    https://www.secureinheritance.co.uk/blog/posts/the-hidden-cost-of-dying-without-a-will-a-real-life-probate-lesson/

    No one in this thread seems to have identified any actual advantages of
    intestacy.

    Well, the deceased in the article that prompted all this is presumed
    to have found at least one. I emphasis that his family circumstances
    are not and are never likely to be the same as mine but by staying
    schtum he managed to achieve what he wanted without putting in writing
    things that might set the relatives at each others' throats.

    Well, that's how I interpreted it, anyway.
    <https://www.theguardian.com/lifeandstyle/2026/sep/04/leading-questions-my-dad-died-suddenly-with-no-will-how-should-i-distribute-his-estate>

    Nick

    I have read that and I think the result is the opposite of what you suggest. Instead of the father stating his wishes, and perhaps giving his reasoning, the decision on how to implement the intestacy is left to the personal representative. And this would seem to increase rather decrease the chance of resentment from the half-sisters.

    In fact, the personal representative has no discretion and has no
    decisions to make. The estate *must* by law be distributed strictly
    according to the rules on intestacy, which are readily available.


    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Sun Sep 6 17:01:21 2026
    From Newsgroup: uk.legal.moderated

    On 6 Sep 2026 at 14:41:32 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 06/09/2026 13:26, Roger Hayter wrote:
    On 6 Sep 2026 at 11:21:13 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote:

    On 6 Sep 2026 09:29:52 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 6 Sep 2026 at 08:05:55 BST, "The Todal" <the_todal@icloud.com> wrote: >>>>
    On 05/09/2026 22:00, Roger Hayter wrote:
    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote:

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca> >>>>>>> wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now >>>>>>>> dawned on me that, since I last revised my will, so much has changed >>>>>>>> that default intestacy rules would match exactly what I would now want >>>>>>>> to happen.

    Is it sufficient for me to renounce previous wills and declare there >>>>>>>> is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things >>>>>>> still to consider. There's nothing I would prefer to change about my >>>>>>> current, out-of-date, will - it's just that most of the clauses have >>>>>>> become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their >>>>>>> own children to worry about. And as I said, all the important stuff >>>>>>> would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to >>>>>>> fifty quid in the next budget, I'll leave things as they are for now >>>>>>> and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed or
    revoked? If it is still valid I fail to see how the intestacy rules can >>>>>> possibly affect you.


    I think the OP is saying that he prefers dying intestate to dying with a >>>>> valid will because the intestacy rules accurately reflect his true wishes.

    However, a probate lawyer might say that the costs involved in
    administering an intestate estate are likely to exceed the costs of
    admitting a will to probate and then distributing the estate.

    A will is likely to save time and costs for those left behind. It might >>>>> mean that the executor doesn't even need to instruct a law firm.

    https://www.secureinheritance.co.uk/blog/posts/the-hidden-cost-of-dying-without-a-will-a-real-life-probate-lesson/

    No one in this thread seems to have identified any actual advantages of >>>> intestacy.

    Well, the deceased in the article that prompted all this is presumed
    to have found at least one. I emphasis that his family circumstances
    are not and are never likely to be the same as mine but by staying
    schtum he managed to achieve what he wanted without putting in writing
    things that might set the relatives at each others' throats.

    Well, that's how I interpreted it, anyway.
    <https://www.theguardian.com/lifeandstyle/2026/sep/04/leading-questions-my-dad-died-suddenly-with-no-will-how-should-i-distribute-his-estate>

    Nick

    I have read that and I think the result is the opposite of what you suggest. >> Instead of the father stating his wishes, and perhaps giving his reasoning, >> the decision on how to implement the intestacy is left to the personal
    representative. And this would seem to increase rather decrease the chance of
    resentment from the half-sisters.

    In fact, the personal representative has no discretion and has no
    decisions to make. The estate *must* by law be distributed strictly according to the rules on intestacy, which are readily available.

    If the personal representative is also the only beneficiary then you are mistaken. She can share the estate out how she likes. It is possible for a human being to hold two, sometimes compelementary, roles at once. Inheritance is not entirely based on an algorithm. Note that agreeing to a variation is not, especially from the tax point of view, the same as receiving money and giving it away.
    --

    Roger Hayter

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From billy bookcase@billy@anon.com to uk.legal.moderated on Sun Sep 6 18:18:16 2026
    From Newsgroup: uk.legal.moderated


    "Roger Hayter" <roger@hayter.org> wrote in message news:1408106680.a0e9fea0@uninhabited.net...
    On 6 Sep 2026 at 14:41:32 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 06/09/2026 13:26, Roger Hayter wrote:
    On 6 Sep 2026 at 11:21:13 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote: >>>
    On 6 Sep 2026 09:29:52 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 6 Sep 2026 at 08:05:55 BST, "The Todal" <the_todal@icloud.com> wrote: >>>>>
    On 05/09/2026 22:00, Roger Hayter wrote:
    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> >>>>>>> wrote:

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca> >>>>>>>> wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now >>>>>>>>> dawned on me that, since I last revised my will, so much has changed >>>>>>>>> that default intestacy rules would match exactly what I would now want
    to happen.

    Is it sufficient for me to renounce previous wills and declare there >>>>>>>>> is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things >>>>>>>> still to consider. There's nothing I would prefer to change about my >>>>>>>> current, out-of-date, will - it's just that most of the clauses have >>>>>>>> become redundant due, for instance, to my children not needing >>>>>>>> guardians any more now that they are hulking great adults with their >>>>>>>> own children to worry about. And as I said, all the important stuff >>>>>>>> would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to >>>>>>>> fifty quid in the next budget, I'll leave things as they are for now >>>>>>>> and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed >>>>>>> or
    revoked? If it is still valid I fail to see how the intestacy rules can >>>>>>> possibly affect you.


    I think the OP is saying that he prefers dying intestate to dying with a >>>>>> valid will because the intestacy rules accurately reflect his true >>>>>> wishes.

    However, a probate lawyer might say that the costs involved in
    administering an intestate estate are likely to exceed the costs of >>>>>> admitting a will to probate and then distributing the estate.

    A will is likely to save time and costs for those left behind. It might >>>>>> mean that the executor doesn't even need to instruct a law firm.

    https://www.secureinheritance.co.uk/blog/posts/the-hidden-cost-of-dying-without-a-will-a-real-life-probate-lesson/

    No one in this thread seems to have identified any actual advantages of >>>>> intestacy.

    Well, the deceased in the article that prompted all this is presumed
    to have found at least one. I emphasis that his family circumstances
    are not and are never likely to be the same as mine but by staying
    schtum he managed to achieve what he wanted without putting in writing >>>> things that might set the relatives at each others' throats.

    Well, that's how I interpreted it, anyway.
    <https://www.theguardian.com/lifeandstyle/2026/sep/04/leading-questions-my-dad-died-suddenly-with-no-will-how-should-i-distribute-his-estate>

    Nick

    I have read that and I think the result is the opposite of what you suggest.
    Instead of the father stating his wishes, and perhaps giving his reasoning, >>> the decision on how to implement the intestacy is left to the personal
    representative. And this would seem to increase rather decrease the chance >>> of
    resentment from the half-sisters.

    In fact, the personal representative has no discretion and has no
    decisions to make. The estate *must* by law be distributed strictly
    according to the rules on intestacy, which are readily available.

    If the personal representative is also the only beneficiary

    So she is then the sole beneficiary.

    then you are
    mistaken. She can share the estate out how she likes.

    But they are not "beneficiaries", are they ?

    You have already stated that she is the siole beneficiary.

    The Intestacy Rules have no bearing on what beneficiaries
    might do with the proceeds, *following* distribution


    bb




    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Sun Sep 6 19:27:07 2026
    From Newsgroup: uk.legal.moderated

    On 6 Sep 2026 at 18:18:16 BST, ""billy bookcase"" <billy@anon.com> wrote:


    "Roger Hayter" <roger@hayter.org> wrote in message news:1408106680.a0e9fea0@uninhabited.net...
    On 6 Sep 2026 at 14:41:32 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 06/09/2026 13:26, Roger Hayter wrote:
    On 6 Sep 2026 at 11:21:13 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote: >>>>
    On 6 Sep 2026 09:29:52 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 6 Sep 2026 at 08:05:55 BST, "The Todal" <the_todal@icloud.com> wrote: >>>>>>
    On 05/09/2026 22:00, Roger Hayter wrote:
    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> >>>>>>>> wrote:

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca> >>>>>>>>> wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now >>>>>>>>>> dawned on me that, since I last revised my will, so much has changed >>>>>>>>>> that default intestacy rules would match exactly what I would now want
    to happen.

    Is it sufficient for me to renounce previous wills and declare there >>>>>>>>>> is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things >>>>>>>>> still to consider. There's nothing I would prefer to change about my >>>>>>>>> current, out-of-date, will - it's just that most of the clauses have >>>>>>>>> become redundant due, for instance, to my children not needing >>>>>>>>> guardians any more now that they are hulking great adults with their >>>>>>>>> own children to worry about. And as I said, all the important stuff >>>>>>>>> would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to >>>>>>>>> fifty quid in the next budget, I'll leave things as they are for now >>>>>>>>> and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed >>>>>>>> or
    revoked? If it is still valid I fail to see how the intestacy rules can
    possibly affect you.


    I think the OP is saying that he prefers dying intestate to dying with a
    valid will because the intestacy rules accurately reflect his true >>>>>>> wishes.

    However, a probate lawyer might say that the costs involved in
    administering an intestate estate are likely to exceed the costs of >>>>>>> admitting a will to probate and then distributing the estate.

    A will is likely to save time and costs for those left behind. It might >>>>>>> mean that the executor doesn't even need to instruct a law firm. >>>>>>>
    https://www.secureinheritance.co.uk/blog/posts/the-hidden-cost-of-dying-without-a-will-a-real-life-probate-lesson/

    No one in this thread seems to have identified any actual advantages of >>>>>> intestacy.

    Well, the deceased in the article that prompted all this is presumed >>>>> to have found at least one. I emphasis that his family circumstances >>>>> are not and are never likely to be the same as mine but by staying
    schtum he managed to achieve what he wanted without putting in writing >>>>> things that might set the relatives at each others' throats.

    Well, that's how I interpreted it, anyway.
    <https://www.theguardian.com/lifeandstyle/2026/sep/04/leading-questions-my-dad-died-suddenly-with-no-will-how-should-i-distribute-his-estate>

    Nick

    I have read that and I think the result is the opposite of what you suggest.
    Instead of the father stating his wishes, and perhaps giving his reasoning,
    the decision on how to implement the intestacy is left to the personal >>>> representative. And this would seem to increase rather decrease the chance >>>> of
    resentment from the half-sisters.

    In fact, the personal representative has no discretion and has no
    decisions to make. The estate *must* by law be distributed strictly
    according to the rules on intestacy, which are readily available.

    If the personal representative is also the only beneficiary

    So she is then the sole beneficiary.

    then you are
    mistaken. She can share the estate out how she likes.

    But they are not "beneficiaries", are they ?

    You have already stated that she is the siole beneficiary.

    The Intestacy Rules have no bearing on what beneficiaries
    might do with the proceeds, *following* distribution


    bb

    Well of course they don't!!! Norman was claiming, incorrectly, that the personal representative had no choice but to distribute the estate according
    to the intestacy rules. I was pointing out that the beneficiary(ies) can execute a deed of variation ignoring the intestacy rules. Even though, in this case, the personal representative is the same person as the beneficiary. So she, the personal representative, *does* have a choice. It's not hard.
    --

    Roger Hayter

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Sun Sep 6 19:31:05 2026
    From Newsgroup: uk.legal.moderated

    On 6 Sep 2026 at 20:27:07 BST, "Roger Hayter" <roger@hayter.org> wrote:

    On 6 Sep 2026 at 18:18:16 BST, ""billy bookcase"" <billy@anon.com> wrote:


    "Roger Hayter" <roger@hayter.org> wrote in message
    news:1408106680.a0e9fea0@uninhabited.net...
    On 6 Sep 2026 at 14:41:32 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 06/09/2026 13:26, Roger Hayter wrote:
    On 6 Sep 2026 at 11:21:13 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote: >>>>>
    On 6 Sep 2026 09:29:52 GMT, Roger Hayter <roger@hayter.org> wrote: >>>>>>
    On 6 Sep 2026 at 08:05:55 BST, "The Todal" <the_todal@icloud.com> wrote:

    On 05/09/2026 22:00, Roger Hayter wrote:
    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> >>>>>>>>> wrote:

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell <nickodell49@yahoo.ca>
    wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want
    to happen.

    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things >>>>>>>>>> still to consider. There's nothing I would prefer to change about my >>>>>>>>>> current, out-of-date, will - it's just that most of the clauses have >>>>>>>>>> become redundant due, for instance, to my children not needing >>>>>>>>>> guardians any more now that they are hulking great adults with their >>>>>>>>>> own children to worry about. And as I said, all the important stuff >>>>>>>>>> would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to >>>>>>>>>> fifty quid in the next budget, I'll leave things as they are for now >>>>>>>>>> and think it over.

    Thanks again,

    Nick

    Do you mean your existing will is still valid or it has been destroyed
    or
    revoked? If it is still valid I fail to see how the intestacy rules can
    possibly affect you.


    I think the OP is saying that he prefers dying intestate to dying with a
    valid will because the intestacy rules accurately reflect his true >>>>>>>> wishes.

    However, a probate lawyer might say that the costs involved in >>>>>>>> administering an intestate estate are likely to exceed the costs of >>>>>>>> admitting a will to probate and then distributing the estate.

    A will is likely to save time and costs for those left behind. It might
    mean that the executor doesn't even need to instruct a law firm. >>>>>>>>
    https://www.secureinheritance.co.uk/blog/posts/the-hidden-cost-of-dying-without-a-will-a-real-life-probate-lesson/

    No one in this thread seems to have identified any actual advantages of >>>>>>> intestacy.

    Well, the deceased in the article that prompted all this is presumed >>>>>> to have found at least one. I emphasis that his family circumstances >>>>>> are not and are never likely to be the same as mine but by staying >>>>>> schtum he managed to achieve what he wanted without putting in writing >>>>>> things that might set the relatives at each others' throats.

    Well, that's how I interpreted it, anyway.
    <https://www.theguardian.com/lifeandstyle/2026/sep/04/leading-questions-my-dad-died-suddenly-with-no-will-how-should-i-distribute-his-estate>

    Nick

    I have read that and I think the result is the opposite of what you suggest.
    Instead of the father stating his wishes, and perhaps giving his reasoning,
    the decision on how to implement the intestacy is left to the personal >>>>> representative. And this would seem to increase rather decrease the chance
    of
    resentment from the half-sisters.

    In fact, the personal representative has no discretion and has no
    decisions to make. The estate *must* by law be distributed strictly
    according to the rules on intestacy, which are readily available.

    If the personal representative is also the only beneficiary

    So she is then the sole beneficiary.

    then you are
    mistaken. She can share the estate out how she likes.

    But they are not "beneficiaries", are they ?

    You have already stated that she is the siole beneficiary.

    The Intestacy Rules have no bearing on what beneficiaries
    might do with the proceeds, *following* distribution


    bb

    Well of course they don't!!! Norman was claiming, incorrectly, that the personal representative had no choice but to distribute the estate according to the intestacy rules. I was pointing out that the beneficiary(ies) can execute a deed of variation ignoring the intestacy rules. Even though, in this
    case, the personal representative is the same person as the beneficiary. So she, the personal representative, *does* have a choice. It's not hard.

    Sorry, I meant to point out that that choice was precisely what the Guardian financial advice column referenced by the OP was all about.
    --

    Roger Hayter

    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Sun Sep 6 21:31:39 2026
    From Newsgroup: uk.legal.moderated

    On 06/09/2026 20:31, Roger Hayter wrote:
    On 6 Sep 2026 at 20:27:07 BST, "Roger Hayter" <roger@hayter.org> wrote:
    On 6 Sep 2026 at 18:18:16 BST, ""billy bookcase"" <billy@anon.com> wrote: >>> "Roger Hayter" <roger@hayter.org> wrote in message

    I have read that and I think the result is the opposite of what you suggest.
    Instead of the father stating his wishes, and perhaps giving his reasoning,
    the decision on how to implement the intestacy is left to the personal >>>>>> representative. And this would seem to increase rather decrease the chance
    of resentment from the half-sisters.

    In fact, the personal representative has no discretion and has no
    decisions to make. The estate *must* by law be distributed strictly >>>>> according to the rules on intestacy, which are readily available.

    If the personal representative is also the only beneficiary

    So she is then the sole beneficiary.

    then you are
    mistaken. She can share the estate out how she likes.

    But they are not "beneficiaries", are they ?

    You have already stated that she is the siole beneficiary.

    The Intestacy Rules have no bearing on what beneficiaries
    might do with the proceeds, *following* distribution

    Well of course they don't!!! Norman was claiming, incorrectly, that the
    personal representative had no choice but to distribute the estate according >> to the intestacy rules. I was pointing out that the beneficiary(ies) can
    execute a deed of variation ignoring the intestacy rules. Even though, in this
    case, the personal representative is the same person as the beneficiary. So >> she, the personal representative, *does* have a choice. It's not hard.

    Sorry, I meant to point out that that choice was precisely what the Guardian financial advice column referenced by the OP was all about.

    There is always the possibility for any beneficiary to execute a Deed of Variation, so that's a given anyway, though usually it's totally
    unnecessary unless it's to reduce a tax bill, which wouldn't apply with
    a low value estate. The recipient could just give it away after receipt.

    But your claim was "the decision on how to implement the intestacy is
    left to the personal representative". No it isn't, not in that capacity anyway. The personal representative is constrained absolutely by the intestacy rules. The only choice is that any beneficiary, as
    beneficiary, can do with what he receives or is entitled to as he wishes.





    --- Synchronet 3.22a-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Mon Sep 7 08:42:33 2026
    From Newsgroup: uk.legal.moderated

    On 6 Sep 2026 at 21:31:39 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 06/09/2026 20:31, Roger Hayter wrote:
    On 6 Sep 2026 at 20:27:07 BST, "Roger Hayter" <roger@hayter.org> wrote:
    On 6 Sep 2026 at 18:18:16 BST, ""billy bookcase"" <billy@anon.com> wrote: >>>> "Roger Hayter" <roger@hayter.org> wrote in message

    I have read that and I think the result is the opposite of what you suggest.
    Instead of the father stating his wishes, and perhaps giving his reasoning,
    the decision on how to implement the intestacy is left to the personal >>>>>>> representative. And this would seem to increase rather decrease the chance
    of resentment from the half-sisters.

    In fact, the personal representative has no discretion and has no
    decisions to make. The estate *must* by law be distributed strictly >>>>>> according to the rules on intestacy, which are readily available.

    If the personal representative is also the only beneficiary

    So she is then the sole beneficiary.

    then you are
    mistaken. She can share the estate out how she likes.

    But they are not "beneficiaries", are they ?

    You have already stated that she is the siole beneficiary.

    The Intestacy Rules have no bearing on what beneficiaries
    might do with the proceeds, *following* distribution

    Well of course they don't!!! Norman was claiming, incorrectly, that the
    personal representative had no choice but to distribute the estate according
    to the intestacy rules. I was pointing out that the beneficiary(ies) can >>> execute a deed of variation ignoring the intestacy rules. Even though, in this
    case, the personal representative is the same person as the beneficiary. So >>> she, the personal representative, *does* have a choice. It's not hard.

    Sorry, I meant to point out that that choice was precisely what the Guardian >> financial advice column referenced by the OP was all about.

    There is always the possibility for any beneficiary to execute a Deed of Variation, so that's a given anyway, though usually it's totally
    unnecessary unless it's to reduce a tax bill, which wouldn't apply with
    a low value estate. The recipient could just give it away after receipt.


    I note with interest that you cannot see a difference, at least psychological, between the two processes but I do not intend to discuss it further with you.



    But your claim was "the decision on how to implement the intestacy is
    left to the personal representative". No it isn't, not in that capacity anyway. The personal representative is constrained absolutely by the intestacy rules. The only choice is that any beneficiary, as
    beneficiary, can do with what he receives or is entitled to as he wishes.


    The deed of variation is a mandatory instruction to the personal representative.
    --

    Roger Hayter

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  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Sep 7 12:01:34 2026
    From Newsgroup: uk.legal.moderated

    On 07/09/2026 09:42, Roger Hayter wrote:
    On 6 Sep 2026 at 21:31:39 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    But your claim was "the decision on how to implement the intestacy is
    left to the personal representative". No it isn't, not in that capacity
    anyway. The personal representative is constrained absolutely by the
    intestacy rules. The only choice is that any beneficiary, as
    beneficiary, can do with what he receives or is entitled to as he wishes.

    The deed of variation is a mandatory instruction to the personal representative.
    And so it may be, but your claim was clear. Your understanding was
    that, in cases of intestacy, the personal representative gets to decide
    where all the assets go.

    He doesn't.


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  • From billy bookcase@billy@anon.com to uk.legal.moderated on Mon Sep 7 14:11:44 2026
    From Newsgroup: uk.legal.moderated


    "Nick Odell" <nickodell49@yahoo.ca> wrote in message news:jgeq9l5aoamomjfj4rdt629v49b1ckinl2@4ax.com...

    Well, the deceased in the article that prompted all this is presumed
    to have found at least one. I emphasis that his family circumstances
    are not and are never likely to be the same as mine but by staying
    schtum he managed to achieve what he wanted without putting in writing
    things that might set the relatives at each others' throats.

    Well, that's how I interpreted it, anyway. <https://www.theguardian.com/lifeandstyle/2026/sep/04/leading-questions-my-dad-died-suddenly-with-no-will-how-should-i-distribute-his-estate>


    Dying intestate wouldn't neceassrily keep the relatives from each
    others throats.

    Beacause the Intestacy Rules will most likely favour one or more
    relatives, over others. And then the question may arise, as to why the
    deceased didn't in fact make a will. "It's all your fault. You were
    living with them. Why didn't they make a will ? You know they wanted to
    leave everything to me !"



    bb





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  • From Jeff Layman@Jeff@invalid.invalid to uk.legal.moderated on Mon Sep 7 16:03:21 2026
    From Newsgroup: uk.legal.moderated

    On 07/09/2026 14:11, billy bookcase wrote:
    "Nick Odell" <nickodell49@yahoo.ca> wrote in message news:jgeq9l5aoamomjfj4rdt629v49b1ckinl2@4ax.com...

    Well, the deceased in the article that prompted all this is presumed
    to have found at least one. I emphasis that his family circumstances
    are not and are never likely to be the same as mine but by staying
    schtum he managed to achieve what he wanted without putting in writing
    things that might set the relatives at each others' throats.

    Well, that's how I interpreted it, anyway.
    <https://www.theguardian.com/lifeandstyle/2026/sep/04/leading-questions-my-dad-died-suddenly-with-no-will-how-should-i-distribute-his-estate>


    Dying intestate wouldn't neceassrily keep the relatives from each
    others throats.

    Beacause the Intestacy Rules will most likely favour one or more
    relatives, over others. And then the question may arise, as to why the deceased didn't in fact make a will. "It's all your fault. You were
    living with them. Why didn't they make a will ? You know they wanted to
    leave everything to me !"

    I am sure that the local library can obtain a copy of Bleak House, where anybody interested can, and should, read about Jarndyce and Jarndyce.

    And hopefully learn from it...
    --
    Jeff

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  • From Owen Rees@orees@hotmail.com to uk.legal.moderated on Mon Sep 7 15:24:46 2026
    From Newsgroup: uk.legal.moderated

    Jeff Layman <Jeff@invalid.invalid> wrote:
    On 07/09/2026 14:11, billy bookcase wrote:
    "Nick Odell" <nickodell49@yahoo.ca> wrote in message
    news:jgeq9l5aoamomjfj4rdt629v49b1ckinl2@4ax.com...

    Well, the deceased in the article that prompted all this is presumed
    to have found at least one. I emphasis that his family circumstances
    are not and are never likely to be the same as mine but by staying
    schtum he managed to achieve what he wanted without putting in writing
    things that might set the relatives at each others' throats.

    Well, that's how I interpreted it, anyway.
    <https://www.theguardian.com/lifeandstyle/2026/sep/04/leading-questions-my-dad-died-suddenly-with-no-will-how-should-i-distribute-his-estate>


    Dying intestate wouldn't neceassrily keep the relatives from each
    others throats.

    Beacause the Intestacy Rules will most likely favour one or more
    relatives, over others. And then the question may arise, as to why the
    deceased didn't in fact make a will. "It's all your fault. You were
    living with them. Why didn't they make a will ? You know they wanted to
    leave everything to me !"

    I am sure that the local library can obtain a copy of Bleak House, where anybody interested can, and should, read about Jarndyce and Jarndyce.

    And hopefully learn from it...


    Especially if they follow up to discover that it was probably based on one
    or more real life cases.

    A online source I found says: One case called Jennens v Jennens lasted 117 years from 1798 to 1915, meaning that this case was in its fiftieth year
    when Dickens published his novel.



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  • From brian@nospam@b-howie.co.uk to uk.legal.moderated on Tue Sep 8 10:28:40 2026
    From Newsgroup: uk.legal.moderated

    In message <ng4hmkF9gmaU1@mid.individual.net>, The Todal <the_todal@icloud.com> writes
    On 05/09/2026 22:00, Roger Hayter wrote:
    On 5 Sep 2026 at 19:22:15 BST, "Nick Odell" <nickodell49@yahoo.ca> wrote:

    On Fri, 04 Sep 2026 13:39:06 +0100, Nick Odell
    <nickodell49@yahoo.ca>
    wrote:

    Prompted by an article in a newspaper a couple of days ago, it's now
    dawned on me that, since I last revised my will, so much has changed
    that default intestacy rules would match exactly what I would now want >>>> to happen.

    Is it sufficient for me to renounce previous wills and declare there
    is no replacement will?

    Do I need to do this formally?

    Thanks to everybody who contributed: there are obviously many things
    still to consider. There's nothing I would prefer to change about my
    current, out-of-date, will - it's just that most of the clauses have
    become redundant due, for instance, to my children not needing
    guardians any more now that they are hulking great adults with their
    own children to worry about. And as I said, all the important stuff
    would be covered by the intestacy laws anyway.

    So, just in case they bring the inheritance tax threshold down to
    fifty quid in the next budget, I'll leave things as they are for now
    and think it over.

    Thanks again,

    Nick
    Do you mean your existing will is still valid or it has been
    destroyed or
    revoked? If it is still valid I fail to see how the intestacy rules can
    possibly affect you.


    I think the OP is saying that he prefers dying intestate to dying with
    a valid will because the intestacy rules accurately reflect his true
    wishes.

    However, a probate lawyer might say that the costs involved in
    administering an intestate estate are likely to exceed the costs of >admitting a will to probate and then distributing the estate.

    A will is likely to save time and costs for those left behind. It might
    mean that the executor doesn't even need to instruct a law firm.

    https://www.secureinheritance.co.uk/blog/posts/the-hidden-cost-of-dying- >without-a-will-a-real-life-probate-lesson/

    Like what the link describes .

    The father of a friend of mine died suddenly without a will . There was
    quite a lot of estate. He said it took ages and was a bit of a mess to
    sort out as the wife, the children , and the father's siblings etc all
    had a claim . Scot's Law . I always wondered why my father got a whole
    wad of inheritance, when my aunt died, even though she had a husband -
    no will of course .

    Brian
    --
    Brian Howie

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  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Fri Sep 11 17:31:43 2026
    From Newsgroup: uk.legal.moderated

    In message <117jhf3$29uee$1@dont-email.me>, at 12:06:11 on Sun, 6 Sep
    2026, SH <i.love@spam.com> remarked:

    I do know that marriage or divorce after a will is created does annul
    the will......

    Apparently not, in all cases. A will which is drafted with a title "In
    the expectation of marriage, this is my will..."

    I suppose it avoids having to get some witnesses to sign a will while on honeymoon.
    --
    Roland Perry

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  • From Adam Funk@a24061a@ducksburg.com to uk.legal.moderated on Sat Sep 12 19:05:24 2026
    From Newsgroup: uk.legal.moderated

    On 2026-09-11, Roland Perry wrote:

    In message <117jhf3$29uee$1@dont-email.me>, at 12:06:11 on Sun, 6 Sep
    2026, SH <i.love@spam.com> remarked:

    I do know that marriage or divorce after a will is created does annul
    the will......

    Apparently not, in all cases. A will which is drafted with a title "In
    the expectation of marriage, this is my will..."

    I suppose it avoids having to get some witnesses to sign a will while on honeymoon.

    It makes sense to encourage people to be prudent and plan in advance.

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