Hi Andy

Sorry to hear your news.

Unfortunately it's a timing issue. Had there been a variation prior to the death, that would be fine. Unfortunately the right to the property crystallised after his death and you would effectively be disposing of an asset.

Sorry it's not better news.

Mark

Hi Mark,
Thanks for getting back to me.
Does this mean that i dont sign the deed of variation then and let the share of the property go ahead?

sorry for the questions my head is spinning at the moment.

Hi andy.

Sorry to hear about your brother.

It might be a good idea for you to seek the views of your trustee about exactly how they'd like you to proceed from here.

Hi Andy

The signing of the deed could be seen as an attempt to hide assets. Best be careful.

Mark

thanks mark,

think i'll tell them i dont want to sign it and just to divide it as the law suggests. thanks again

Sorry you're having to deal with this on top of dealing with your brother's death. Was there a reason for switching things to benefit just your sister even without you being in a pTD?

not really. we just assumed that as he had named her as sole beneficiary on his work things he would have named her the same sole beneficiary for his flat. we cant find any paperwork though. my sister has 2 young kids and myself and mum think thats what he would have wanted.

From what's been said, you won't be able to avoid some tough discussions, you have my sympathy on all counts!

sorry for your loss andy. Your brother will have probably signed an "expression of wish" for his works pension which is I think giving his wishes to the trustees of the pension scheme as to where he would like any benefits to go upon his death. the trustees are not bound by this instruction but in most cases will abide by your brothers wish and act accordingly. With regards to the rest of your brothers estate if there is no will then I would have thought it would revert to the law of intestancy. Where a person dies without making a will they are said to have died ÔÇ£intestateÔÇØ. The property and assets of a person who dies intestate are distributed to certain of their surviving relatives in accordance with the rules of intestacy (where a will has not been left).

It is a very difficult situation you are in when there is no will to refer to. The deed of variation I think is basically you and your mum signing your right to a share in the estate over to your sister. Without a will you are legally entitled to your share as is your mum. Clearly the TD complicates matters for you and you have been given comments about this already.
It is a hard discussion to have with your mum and sister at this terrible time so take your time and think it through....having to "guess" what your brother would have wanted is not an easy thing to have to do, that is why the law splits the estate accordingly so that there is a fair share for the remaining family. Do you have a close friend or partner outwith the family you could talk it over with ? Sometimes that can help you see your options clearer. You may have the decision made for you by your trustee anyway but whatever happens I wish you well I have been involved in a similar family bereavement and once the dust settled I wish I had taken a different decision now as to my actions. I am sure that your brother would have perhaps wanted to help you out in some way also for your future ? Good luck.