Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Tom Bradbury
    • By Tom Bradbury 7th Oct 17, 5:01 PM
    • 9Posts
    • 0Thanks
    Tom Bradbury
    Who inherits what?
    • #1
    • 7th Oct 17, 5:01 PM
    Who inherits what? 7th Oct 17 at 5:01 PM
    Background - man has 3 children from former marriage. Re-married to woman who has 2 children from her former marriage. Man formally adopted one of her children but not the other (other 'child' was too old to do so). Man dies and there is no Will (apparently) so everything went directly to surviving (2nd) wife. She died six months later. Again, no Will. Her surviving children said their mother wanted to leave all the money to the grandchildren, but nothing written down or evidenced. Her two children have supposedly got probate but not evidenced. So, who inherits what?
    Last edited by Tom Bradbury; 07-10-2017 at 5:03 PM.
Page 1
    • Yorkshireman99
    • By Yorkshireman99 7th Oct 17, 5:18 PM
    • 3,167 Posts
    • 2,489 Thanks
    Yorkshireman99
    • #2
    • 7th Oct 17, 5:18 PM
    • #2
    • 7th Oct 17, 5:18 PM
    Background - man has 3 children from former marriage. Re-married to woman who has 2 children from her former marriage. Man formally adopted one of her children but not the other (other 'child' was too old to do so). Man dies and there is no Will (apparently) so everything went directly to surviving (2nd) wife. She died six months later. Again, no Will. Her surviving children said their mother wanted to leave all the money to the grandchildren, but nothing written down or evidenced. Her two children have supposedly got probate but not evidenced. So, who inherits what?
    Originally posted by Tom Bradbury
    The only way to obtain probate if there is no will is to apply for letters of administration. Who ever applies has no discretion in who gets what. They have to follow the rules. You cansee who inherits by following this link.

    https://www.gov.uk/inherits-someone-dies-without-will

    Note that and an adopted child inherits as a natural child would. The size of the estates determines who gets what.
    • Savvy_Sue
    • By Savvy_Sue 7th Oct 17, 7:17 PM
    • 37,739 Posts
    • 34,075 Thanks
    Savvy_Sue
    • #3
    • 7th Oct 17, 7:17 PM
    • #3
    • 7th Oct 17, 7:17 PM
    Note that I think the family need LofA for both deaths if the first estate was larger than the amount which passes to the wife.

    And although there's no discretion, the family can agree to vary who gets what. The key thing is 'agree'.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 1 shawl, 2 pairs baby bootees,
    1 Wise Man Knitivity figure, 1 sock ...
    Current projects: 1 shawl, t'other sock (just about to turn the heel!)
    • badmemory
    • By badmemory 7th Oct 17, 9:06 PM
    • 812 Posts
    • 792 Thanks
    badmemory
    • #4
    • 7th Oct 17, 9:06 PM
    • #4
    • 7th Oct 17, 9:06 PM
    Surely as the wife is the last to die then it goes to her children regardless of adoption & just her children. What she said she wanted is irrelevant unless she put it in writing. Of course if her children are in agreement then they could do a deed of variation. As the wife (& mother of the adopted child) inherited everything then the adoption is irrelevant as the adult child is inheriting from his mother not from his stepfather.

    Apologies if I have misunderstood some family connection!
    • Yorkshireman99
    • By Yorkshireman99 7th Oct 17, 9:33 PM
    • 3,167 Posts
    • 2,489 Thanks
    Yorkshireman99
    • #5
    • 7th Oct 17, 9:33 PM
    • #5
    • 7th Oct 17, 9:33 PM
    Surely as the wife is the last to die then it goes to her children regardless of adoption & just her children. What she said she wanted is irrelevant unless she put it in writing. Of course if her children are in agreement then they could do a deed of variation. As the wife (& mother of the adopted child) inherited everything then the adoption is irrelevant as the adult child is inheriting from his mother not from his stepfather.

    Apologies if I have misunderstood some family connection!
    Originally posted by badmemory
    It all depends on the size of the estates. The OP nee3ds to give a bit more detail.
    • badmemory
    • By badmemory 8th Oct 17, 4:32 AM
    • 812 Posts
    • 792 Thanks
    badmemory
    • #6
    • 8th Oct 17, 4:32 AM
    • #6
    • 8th Oct 17, 4:32 AM
    It all depends on the size of the estates. The OP nee3ds to give a bit more detail.
    Originally posted by Yorkshireman99
    True I had overlooked this. So have I got this right? 250K from first death goes to wife with balance divided between the children - including the adopted one. Following her death the estate divided between her children & no-one else.
    • Yorkshireman99
    • By Yorkshireman99 8th Oct 17, 6:47 AM
    • 3,167 Posts
    • 2,489 Thanks
    Yorkshireman99
    • #7
    • 8th Oct 17, 6:47 AM
    • #7
    • 8th Oct 17, 6:47 AM
    True I had overlooked this. So have I got this right? 250K from first death goes to wife with balance divided between the children - including the adopted one. Following her death the estate divided between her children & no-one else.
    Originally posted by badmemory
    Look at the link in post #2 for full details.
    • Savvy_Sue
    • By Savvy_Sue 8th Oct 17, 11:15 AM
    • 37,739 Posts
    • 34,075 Thanks
    Savvy_Sue
    • #8
    • 8th Oct 17, 11:15 AM
    • #8
    • 8th Oct 17, 11:15 AM
    Also note that if there was property involved, then how that passed on the first death would depend on how it was held: as Tenants in Common or Joint Tenants. If it was a joint tenancy, then it will have passed to the wife outside the estate, so only if the remaining assets were more than £250K would anything have passed elsewhere on the first death.

    This is a situation where legal advice may prove well worthwhile if there is any dispute ...
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 1 shawl, 2 pairs baby bootees,
    1 Wise Man Knitivity figure, 1 sock ...
    Current projects: 1 shawl, t'other sock (just about to turn the heel!)
    • Tom Bradbury
    • By Tom Bradbury 21st Oct 17, 4:47 PM
    • 9 Posts
    • 0 Thanks
    Tom Bradbury
    • #9
    • 21st Oct 17, 4:47 PM
    • #9
    • 21st Oct 17, 4:47 PM
    OK - so I was the OP so a bit more info and this is based on more information that has been gleamed by simply digging around...

    Seems man took out equity release and the provider has charge on property, however, taking into account the current building valuation (which is under £250K) and the o/s balance on the equity release, there looks to be around £120K left for distribution to surviving relatives. Looking at Register Title, the property ownership appears to be 'Tenants-in-Common'.

    So going back to original question - man died first. As property ownership was 'tenants-in-common' does that mean 50% of remaining equity goes to man's natural and adopted children, but wife held that in trust until she dies/died. For the remaining 50% that goes to wife. She can choose what she likes to do with her 50%, but with her now dead, the natural children (including the adopted one) can now realise their 50% share once house sold and equity release company repaid all their money.

    There are no other assets of worth in the estate and all under £250K.
    Last edited by Tom Bradbury; 21-10-2017 at 4:49 PM.
    • Crabapple
    • By Crabapple 21st Oct 17, 5:28 PM
    • 1,537 Posts
    • 7,107 Thanks
    Crabapple
    On those values wife inherited the lot and only her children now inherit.

    Tenants in common share would pass to her there's no trust over it.
    Daughter born January 2012 Son born February 2014

    Slimming World ~ trying to get back on the wagon...
    • unholyangel
    • By unholyangel 21st Oct 17, 10:56 PM
    • 11,416 Posts
    • 8,583 Thanks
    unholyangel
    On those values wife inherited the lot and only her children now inherit.

    Tenants in common share would pass to her there's no trust over it.
    Originally posted by Crabapple
    You're mistaking tenants in common with joint tenants (unless I'm misunderstanding your last sentence).

    However as I think yorkshireman said earlier, it will depend on the value of the estate who gets what. The house may indeed still pass to the wife if the value of the entire estate is below the £250k limit.
    Money doesn't solve poverty.....it creates it.
    • getmore4less
    • By getmore4less 22nd Oct 17, 8:36 AM
    • 30,008 Posts
    • 17,934 Thanks
    getmore4less
    You're mistaking tenants in common with joint tenants (unless I'm misunderstanding your last sentence).

    However as I think yorkshireman said earlier, it will depend on the value of the estate who gets what. The house may indeed still pass to the wife if the value of the entire estate is below the £250k limit.
    Originally posted by unholyangel
    Read post 9 before replying to post 10
    • Crabapple
    • By Crabapple 22nd Oct 17, 8:41 AM
    • 1,537 Posts
    • 7,107 Thanks
    Crabapple
    I perhaps didn't make myself clear, but the joint tenants/tenants in common distinction only has a bearing on whether the share of the property is outside or counted towards the £250k statutory legacy.

    OPs post 9 seems to suggest there is a trust over a tenants in common share and it has stayed in the husband's estate, which it won't have. On those figures all the estate will have passed to the wife and now her children inherit.
    Daughter born January 2012 Son born February 2014

    Slimming World ~ trying to get back on the wagon...
    • unholyangel
    • By unholyangel 22nd Oct 17, 4:01 PM
    • 11,416 Posts
    • 8,583 Thanks
    unholyangel
    Read post 9 before replying to post 10
    Originally posted by getmore4less
    I did thank you. Hence my comment about possibly misunderstanding the context of what crabapple said.

    However OP clearly isn't understanding what they've been told if the estate is under £250k and they're still asking if the fathers share passes to the children. Either that or they've misunderstood the £250k as a limit per asset rather than overall estate limit.

    Theres also the possibility they've miscalculated the equity remaining - with it being tenants in common the equity release may have only been against one persons share of the property.

    I perhaps didn't make myself clear, but the joint tenants/tenants in common distinction only has a bearing on whether the share of the property is outside or counted towards the £250k statutory legacy.

    OPs post 9 seems to suggest there is a trust over a tenants in common share and it has stayed in the husband's estate, which it won't have. On those figures all the estate will have passed to the wife and now her children inherit.
    Originally posted by Crabapple
    I figured there was a good chance I was misunderstanding what you meant by it (hence why I said as much) as I know you're a reliable regular poster here. Just the way it was worded it could read either way especially to people who aren't familiar with the rules (ie could be read as being because it was a tenants in common share, it would pass to the wife rather than it will still pass to the wife if the estate is under £250k total despite being tenants in common).
    Money doesn't solve poverty.....it creates it.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

323Posts Today

3,029Users online

Martin's Twitter
  • RT @LordsEconCom: On Tuesday Martin Lewis, Hannah Morrish & Shakira Martin gave evidence to the Cttee. Read the full transcript here: https?

  • Ta ta for now. Half term's starting, so I'm exchanging my MoneySavingExpert hat for one that says Daddy in big letters. See you in a week.

  • RT @thismorning: Can @MartinSLewis' deals save YOU cash? ???? https://t.co/igbHCwzeiN

  • Follow Martin