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  1. #1
    bb41's Avatar

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    Default FIL died intestate

    Thought I'd ask people with experience in this possible problematic intestate will.

    My FIL died a few days ago and left no will... he leaves a wife and 4 children (Children all adults ) It is possible the house could be in his name alone although not sure as it's not registered at the land registry and bills are in his name .

    I know that the house will need to be registered and understand the process as I've done this myself.

    My questions are if the house is indeed in his name what proportion of the value is his wife entitled to, also there are many grand children and one in particular will try and get something from her grand father's estate

    There wont be enough money to pay the children their share so would the house need to be sold to distribute the assets ?

    I have given them the name of my solicitors who I used for both my parents but both mine left a will and was straight forward as I was an only child

    I am asking to see in advance of legal advice what possibly could go wrong..forewarned is forearmed as they say

  2. #2
    MIKE770's Avatar

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    Default Re: FIL died intestate

    wife automatically inherits I was told when I enquired recently sure others will advise

  3. #3
    Peridot's Avatar

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    Default Re: FIL died intestate

    Hi,
    The rules of intestacy are strict but in a nutshell:-

    If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £250,000, the wife/civil partner will inherit:
    all the personal property and belongings of the person who has died, and
    the first £250,000 of the estate, and
    half of the remaining estate.

    Grandchildren will not inherit unless their parent has died before the grandparent who has now died.

    It is possible to rearrange the way property is shared out under an intestacy, provided this is done within two years of the death. To do this there would also need to be agreement between all the people who would inherit under the intestacy rules and a Deed of variation would have to be prepared.

    The gov website is helpful and can be reached here: https://www.gov.uk/inherits-someone-dies-without-will
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  4. #4
    bb41's Avatar

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    Default Re: FIL died intestate

    Quote Originally Posted by Peridot View Post
    Hi,
    The rules of intestacy are strict but in a nutshell:-

    If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £250,000, the wife/civil partner will inherit:
    all the personal property and belongings of the person who has died, and
    the first £250,000 of the estate, and
    half of the remaining estate.

    Grandchildren will not inherit unless their parent has died before the grandparent who has now died.

    It is possible to rearrange the way property is shared out under an intestacy, provided this is done within two years of the death. To do this there would also need to be agreement between all the people who would inherit under the intestacy rules and a Deed of variation would have to be prepared.

    The gov website is helpful and can be reached here: https://www.gov.uk/inherits-someone-dies-without-will
    That's very helpful and I did look at this website so it does appear my thoughts were correct... troubled times ahead I think

  5. #5
    Kati's Avatar

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    Default Re: FIL died intestate

    Quote Originally Posted by bb41 View Post
    troubled times ahead I think
    don't forget ... we are here as a listening ear/sounding board too if needs be xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  6. #6
    bb41's Avatar

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    Default Re: FIL died intestate

    Quote Originally Posted by Kati View Post
    don't forget ... we are here as a listening ear/sounding board too if needs be xx
    Now I know why I use these boards when I need good advice and support.. you have never let me down all of you and it's like having another hand supporting you xxx

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