My father has recently died and I believe has left all his money (less than £20k) to my stepmother, who predeceased him by a few weeks. They were both elderly widows when they married 12 years ago. If this is the case, will his estate now pass through her line to her children, or will it come to my father's next of kin (myself and my siblings). His will was a do-it-yourself type, and I believe he thought that he would die first, therefore made no provision for what would happen should his wife die before him. His verbal wish, and his belief, is that his natural children will now inherit. Will this be the case? This is in England.
2006-07-17 00:22:38 · 11 answers · asked by Anonymous in Business & Finance ➔ Personal Finance
Well it looks like you are best talking to a solicitor .The best way would probably be all siblings off your father and his wife should receive equal shares
2006-07-17 00:26:22 · answer #1 · answered by Nutty Girl 7 · 1⤊ 0⤋
You should seek legal counsel asap on this matter as am sure your father would have desired the money to go a certain way. Your money will be put into the estate which in return is the blood line of the family. However I would be unsure how this would work with step-mothers children.
For you own piece of mind any insurances should be written into trust tol at least two people. One being the main person to attain the money but passed by if they die to the next party. Hope this helps. Need anymore advice on trusts for insurance let me know?
2006-07-17 07:31:02 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In legal systems based on the British common law the will takes effect at the date of death. If the beneficiary is dead, unless there is a provision in the will redirecting the gift to family members, the gift to the dead person does not take effect, and the gift to that person falls into the residue and is distributed according to the catch all gift of residue (if there is one). If there is no such clause there is legislation providing for how property not subject to a gift in a will is distributed.
A properly drafted will should deal with where residue goes, and what happens if a beneficiary dies before the deceased. As your father's will was drafted by himself these clauses may not be present.
2006-07-17 07:34:53 · answer #3 · answered by iansand 7 · 0⤊ 0⤋
This may be the start of a legal battle, because as I understand it unless the will clearly lists other family members then it(20k) will be claimed by the state ie:- the government. Unless your stepmother has also made out a will outlining her final wishes. But the CAB or a solicitor are tthe people who you should be speaking too on such a matter.
2006-07-17 17:46:17 · answer #4 · answered by Offkey 2 · 0⤊ 0⤋
You will probably find that it will go to probate and from there the estate will be equally divided between his immediate family (normally the deceased children). You will need to confirm this with a solicitor though. When I did my will they asked me if I wanted to put a provision in for this sort of thing.
2006-07-17 07:31:06 · answer #5 · answered by Tuppence 4 · 0⤊ 0⤋
Normally, when you make a will, you say what should happen if the recipient is also dead. So, the will should already say who gets the estate in the event of the recipient's dying before the person who made the will.
2006-07-17 07:35:38 · answer #6 · answered by halifaxed 5 · 0⤊ 0⤋
It would depend on how the will was worded so the best thing to do is seek the advice of an attorney!When my mother died, she had no will and my sister had died earlier that year so we just all agreed to give my niece the share that my sister would have recieved.If the will was never filed with the courts it could be that it will go to his children.
2006-07-17 07:32:35 · answer #7 · answered by confused 2 · 0⤊ 0⤋
I would see a Solicitor that specialises in Probate. Most generally do a legal clinic where the first hour is free.
2006-07-17 07:27:43 · answer #8 · answered by Gill 2 · 0⤊ 0⤋
a living will is great in these matters, you never know what will happen and who will go 1st, Id seek a lawyer, since you are blood , I'd think you and your siblings will get it, but if they protest it then thats where a lawyer comes in. both dead should go to the you and yours. not the stepkids. if she had any money it should go to her kids.
2006-07-17 07:36:44 · answer #9 · answered by 'Cause I'm Blonde 5 · 0⤊ 0⤋
it dependz dear,
lawfully it will come to ur mum
but if ur stepmother is a depbdnt of ur dad thn ,the part ofd bhis relonging will be given to her,BUT MAJORITY COMES TO U N UR SIS OR BROZ LAWFULLY
U HAV THE MAIN SHARE IN IT
2006-07-17 07:31:23 · answer #10 · answered by unlucky hand 3 · 0⤊ 0⤋