Random Probate Question.

Discussion in 'Finance, Property, Law' started by ironr4tions, Mar 22, 2013.

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  1. Hey chaps, not sure if anyone can help. The other halves family are in the middle of sorting out her grandmothers estate, and are in a position, does anyone have a view on how this should work out? The situation is in England. There is a will, but it is unclear.

    Woman A dies, with no surviving spouse, but 3 children. While the estate is in probate (more than a month later) Woman As son B dies. He is married, but has no children.

    Does the estate get split between Woman As two surviving children, or does Bs wife get a third?

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  2. The estate becomes the property of the 3 children on A's death, subject to probate, tax, etc being sorted out.
    Assuming that the will splits it 3 ways, that is. She may have left the lot to charity.

    B's estate & share of A's estate passes to his heirs on his death.

    I'm a thick ex-squaddy; you will be seeing a solicitor.
  3. Yes, Onetap is correct. The law normally acts in inheritance as being complete at the instant of death.

    Upon the death of A, the estate is divided up and then the children are taken as having inherited the estate at the instant of A's death. So when B dies, his estate includes his inheritance from A.

    The normal way of dealing with this (if you wish to avoid such conundrums) is to specify in a Will "If my wife the said Lorna Cringingnutt does not survive me by thirty days, or the gift in this clause shall fail for any reason, then the following provisions of this my Will shall take effect..."

    This is normally written into Wills to deal with the "car crash killing husband and wife together" event. Think carefully when writing such clauses, but they can be useful. The Probate Office will normally tell you exactly what should happen, they are amazingly helpful and can save a fortune in legal fees. Or else fork out for a Solicitor, BUT make sure you get a Solicitor to work for a FEE and on TIME charged, and NOT a share of the Estate; or they'll have 3% - 5% of the lot.

    I used to write Wills, but my knowledge may have been superceded since.
  4. Cheers chaps! The reason I'm unsure is there is some talk of any proportion of his estate going to his descendants, of which he has none (I believe this was to keep property within the family). I'm telling the family to get some decent legal advice, but they seem intent on doing it on the cheap, and potentially giving £100000 to a random alky, who was estranged from him at the time of Bs death.

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  5. msr

    msr LE

    Where's there a will, there's a relative... Get legal advice.

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