Can aunt claim from estate?

Kez100

If someone dies intestate I thought - in the case of a large estate - there was some sort of carving up of assets, is there not?

SUPERJULES

Poppy9 wrote: »

Did your aunt live with him and care for him. If so she may try claiming for part of the house.

No he lived with someone else and no she didn't care for him.

Thanks for your answer.

McKneff

Poppy9 wrote: »

Didn't you have a thread a short time ago about DNA testing for paternity. I vaguely remember reading something but can't remember what it was.

Yes, Superjules posted on 21st January 09 regrding DNA tests etc.
Want to see the thread, click on superjules name, look at 'all threads started by Superjules

SUPERJULES

Yes the estate is quite large (hopefully with not too many debts) and we do have a solicitor to deal with this as seems a bit complex.

It was only last night that we found out from the nephew that the aunt is contesting my dh getting everything.

Yes relatives are holding onto everything but rules of intestacy shows my dh should inherit everything, things don't get carved up.

SUPERJULES

anniehanlon wrote: »

Yes, Superjules posted on 21st January 09 regrding DNA tests etc.
Want to see the thread, click on superjules name, look at 'all threads started by Superjules

Test was positive, it turned out to be the aunt requesting it although she does seem to be pretending it is'nt her

McKneff

SUPERJULES wrote: »

Test was positive, it turned out to be the aunt requesting it although she does seem to be pretending it is'nt her

I presume that when you say positive you mean that FIL is indeed your OH's natural father. I dont think it would have mattered any way, i seem to remember you saying he was on your OH's birth certificate.
IMO the aunt has no claim whatsover on the estate.
let her waste her money on solicitors. Any solicitor would automatically tell her she has no claim. I think whoever is saying this is scaremongering so i wouldnt worry about it.

Good Luck

SUPERJULES

anniehanlon wrote: »

I presume that when you say positive you mean that FIL is indeed your OH's natural father. I dont think it would have mattered any way, i seem to remember you saying he was on your OH's birth certificate.
IMO the aunt has no claim whatsover on the estate.
let her waste her money on solicitors. Any solicitor would automatically tell her she has no claim. I think whoever is saying this is scaremongering so i wouldnt worry about it.

Good Luck

Thanks that is so the answer we were looking for, and after looking at the rules of intestacy and scanning the internet it certainly appears she is wasting her time.

Mojisola

Has she, or anyone else in the family, given your OH any idea why she wants to challenge the inheritance? Why does she feel entitled?

(Apart from the obvious one of her just wanting money?)

SUPERJULES

Mojisola wrote: »

Has she, or anyone else in the family, given your OH any idea why she wants to challenge the inheritance? Why does she feel entitled?

(Apart from the obvious one of her just wanting money?)

Her nephew reckons she is entitled to make a claim under the inheritance law of 1974 but having researched I can only find a law made in 1975, and as she was not finacially dependant on my fil I don't think this fits. someone else involved has said the aunt is unsure about making a claim because she doesn't have the money to do it.

Mojisola

Sounds as if it's just the money, then.