FIL died intestate
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leespot
Posts: 554 Forumite
Hi all,
FIL died intestate in March. He was married (but separated, widow was living elsewhere) with 2 kids under 18 to his wife, the lads lived with the FIL, then there is my partner and her two sisters (all over 18).
The house was solely in the FIL name, no mortgage. Approx value 500k. No other estate that we're aware of as money was held in joint account.
The widow was in a relationship with someone else and has decided to move the guy into the property (FIL was in process of divorce but died before it got very far). The widow has now asked my partner and sisters to sign away any claim to the estate.
What would the correct process be for doing this? Can one sister sign on all three sisters behalves? The widow is suggesting only one needs to sign the forms to relinquish any claim.
Thanks in advance.
FIL died intestate in March. He was married (but separated, widow was living elsewhere) with 2 kids under 18 to his wife, the lads lived with the FIL, then there is my partner and her two sisters (all over 18).
The house was solely in the FIL name, no mortgage. Approx value 500k. No other estate that we're aware of as money was held in joint account.
The widow was in a relationship with someone else and has decided to move the guy into the property (FIL was in process of divorce but died before it got very far). The widow has now asked my partner and sisters to sign away any claim to the estate.
What would the correct process be for doing this? Can one sister sign on all three sisters behalves? The widow is suggesting only one needs to sign the forms to relinquish any claim.
Thanks in advance.
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Comments
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Why would the children give up their inheritance?
As it stands, the wife receives the first £250,000 and then half of the remaining estate so £375,000.
The remaining £125,000 is shared between the 5 children so £25,000 each.
Sounds as if the widow knows this and is trying to pull a fast one.
But to answer your question I'd be very surprised if one child could sign away all the children's claim to the estate0 -
They are trying it on big time. Tell them go away.Hi all,
FIL died intestate in March. He was married (but separated, she was living elsewhere) with 2 kids under 18 to his wife, the lads lived with the FIL, then there is my partner and her two sisters (all over 18).
The house was solely in the FIL name, no mortgage. Approx value 500k. No other estate that we're aware of as money was held in joint account.
The FIL wife was in a relationship with someone else and has decided to move the guy into the property (FIL was in process of divorce but died before it got very far). His wife has now asked my partner and sisters to sign away any claim to the estate.
What would the correct process be for doing this? Can one sister sign on all three sisters behalves? The step mother in law is suggesting only one needs to sign the forms to relinquish any claim.
Thanks in advance.0 -
Hi all,
FIL died intestate in March. He was married (but separated, she was living elsewhere) with 2 kids under 18 to his wife, the lads lived with the FIL, then there is my partner and her two sisters (all over 18).
The house was solely in the FIL name, no mortgage. Approx value 500k. No other estate that we're aware of as money was held in joint account.
The FIL wife was in a relationship with someone else and has decided to move the guy into the property (FIL was in process of divorce but died before it got very far). His wife has now asked my partner and sisters to sign away any claim to the estate.
What would the correct process be for doing this? Can one sister sign on all three sisters behalves? The step mother in law is suggesting only one needs to sign the forms to relinquish any claim.
Thanks in advance.
Would need all three adults to do a deed of variation(one for all would be sufficient).
sometime where a spouse is involved a typical deed would be to only give a life interest with conditions such as until sold or new partner.
Given the circumstances you may feel a life interest of any kind is too generous
Also the two children under 18 would not be able to sign theirs shares away.
(might want to put a note in the diary on that one)
No ISAs or premium bonds?0 -
Why? She is very fortunate that she is benefiting from him dying before they were divorced and without a will. If it's because she thinks it's unfair on the 2 boys, she could always give them something from her share!Hi all,
FIL died intestate in March. He was married (but separated, she was living elsewhere) with 2 kids under 18 to his wife, the lads lived with the FIL, then there is my partner and her two sisters (all over 18).
The house was solely in the FIL name, no mortgage. Approx value 500k. No other estate that we're aware of as money was held in joint account.
The FIL wife was in a relationship with someone else and has decided to move the guy into the property (FIL was in process of divorce but died before it got very far). His wife has now asked my partner and sisters to sign away any claim to the estate.
What would the correct process be for doing this? Can one sister sign on all three sisters behalves? The step mother in law is suggesting only one needs to sign the forms to relinquish any claim.
Thanks in advance.
ETA - I've just re-read and I think what she's asking is for is one of the adult children to sign away any claim on behalf of ALL children, inc the 2 boys under 18.
No chance, as it is she inherits a sizeable amount from a bloke she's split up from, why shouldn't his biological children at least have something.0 -
Thank you all for the replies. I think initially my partner and her sisters were happy to consider the life interest route, but the announcement of the new partner moving in only came this week. It has been the family home for over 30 years and given it'd less than two months since he died it's a lot to take in.
Although FIL died without a will I've explained to my partner that it would be best to take her share as per the rules of intestacy and not to sign anything at all. My partner and her sisters rightly feel that their dad would not want the widow and new partner to benefit from his hard work.
I just wanted to be clear with regards to one sister being able to sign for them all, I didn't think it was possible so thank you all for confirmation of that. I'll keep this thread updated for info as I'm sure this will develop into something further!0 -
With children under 18 as beneficiaries, it is not possible to execute a deed of variation that affects their portion of the estate. The end. They can't sign it, and their parents can't sign it on their behalf.
A deed of variation has to be signed by all the people who are disadvantaged by it.
The idea that one sibling can sign away the rights of them all, including minors, is outrageous.
There may be IHT to be paid on the portion payable to the children, depending on the value of the estate.0 -
There really is nothing else to decide. Because their are beneficiaries who are minors under the intestacy rules a deed of variation is not possible. The house is going to have to be sold unless the widow can afford to buy the others out. The sooner all parties start cooperating the better it will be. If anyone decides to challenge the rules it will just waste money and is doomed to failure.Thank you all for the replies. I think initially my partner and her sisters were happy to consider the life interest route, but the announcement of the new partner moving in only came this week. It has been the family home for over 30 years and given it'd less than two months since he died it's a lot to take in.
Although FIL died without a will I've explained to my partner that it would be best to take her share as per the rules of intestacy and not to sign anything at all. My partner and her sisters rightly feel that their dad would not want the wife and new partner to benefit from his hard work.
I just wanted to be clear with regards to one sister being able to sign for them all, I didn't think it was possible so thank you all for confirmation of that. I'll keep this thread updated for info as I'm sure this will develop into something further!0 -
Completely agree Yorkshireman - better the house be sold and everyone can go about their business. Partner and sisters are not prepared to walk away with nothing and allow the widow to benefit from everything.0
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Just to make sure, the estranged wife IS entitled to most of the estate. Fighting it will fail!Completely agree Yorkshireman - better the house be sold and everyone can go about their business. Partner and sisters are not prepared to walk away witg nothing and allow the (almost) ex to benefit from everything.0 -
I'm confused. Are there two wives in the picture, one being the "step mother in law" "almost ex" you mention and the other being a first wife and the biological mother of some of the children?
I ask only because there might be other factors operating which may alter who gets what eg provision for a dependent.0
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