Entitlement of surviving spouse


Registered User
Good morning
My father died intestate two years ago. We approached a solicitor to sort out affairs, had one meeting with him and arranged to submit death cert and valuation of assets (Small parcel of land and family home) To cut a long story short we have dispensed with the services of the solicitor (due to the estimate he gave us) and I am planning to deal with matters on my mothers behalf, she cannot afford to pay several thousand to settle my fathers affairs. I am currently researching the rules of intestacy and found the following on the citizens information website. I am assuming from this that as my father died without making a will my mother is entitled to two thirds of the estate as it stands? Can my mother now make a will leaving this two third share to one of the children? I expect that the matter of sorting out probate etc will take some time and she wants to at least have her affairs in order now should anything untoward occur to her while we are sorting out matters. Observations or comments greatly appreciated.


Registered User
I am reading this as you wanting your mother to have a will in place, while your fathers estate is settled?
Your mother wants to make a will- she can do so.
She can indicate how she wishes to have her estate distributed.
If it was me I would take legal advice on the wording used, as the distribution of your fathers estate is not settled.
I am not a lawyer and this is a personal opinion!


Frequent Poster

Even if you don't want to use a solicitor for the Grant of Administration to your late father's estate, it would be worth checking with someone how the two properties were held- as in, was your mother on the title to either or both and if yes, as Joint Tenant or Tenant in Common.

I find with older people, very often the widow was not on the title which is why the Grant is required. If your mother is on the title as a Joint Tenant of either or both properties, then the property(ies) fall outside the estate of the deceased and do not need a Grant.

Your mother should make a will now if she wants to benefit any one of the children over the others- if she does not make a will, her estate will be divided equally between her surviving children.

A Will speaks from date of death so, assuming your father's estate is resolved before her death , that will make life easier.

It would be possible for the owners of the outstanding one third share - if applicable- all to disclaim so that everything goes to your mother.

I can see a right bag of cats developing if your mother dies leaving her share to one child only while the others hold onto their share of the one third share.

I've had my fair share of disgruntled offspring making life very difficult for other siblings.