Lottery Win

CMAC_2

marksoton wrote: »

But again, even if they were married the chain of events described would not result in the PWC receiving the NRPP asset !

If they were married it would happen as above. The NRPP next of kin is the NRP.

marksoton

CMAC wrote: »

If they were married it would happen as above. The NRPP next of kin is the NRP.

Yes but not if they die in the same accident !

The PWC would never receive assets belonging to the NRPP in the scenario given !

CMAC_2

marksoton wrote: »

Yes but not if they die in the same accident !

The PWC would never receive assets belonging to the NRPP in the scenario given !

The point is the assets are passing from person to person under probate rules of survivorship in the end the winnings are nolonger the NRPP.s The reason people make a will is to prevent this happening when a individual dies intestate its a free for all.

Dancing_Shoes

I am definately going to have to ring our solicitor on monday as I am concerned about some of the comments and I don't want our pwc to have a penny of our money if we die. How can she claim it from our children?
We have legal documents whereby she has waived her rights to inheritance and nrp's estate and we have a will which if we both died all funds would go to my parents

CMAC_2

Dancing_Shoes wrote: »

I am definately going to have to ring our solicitor on monday as I am concerned about some of the comments and I don't want our pwc to have a penny of our money if we die. How can she claim it from our children?
We have legal documents whereby she has waived her rights to inheritance and nrp's estate and we have a will which if we both died all funds would go to my parents

You are covered Dancing Shoes as long as you have a will you are safe. The point about waived rights on seperation that is normal but remeber she waived rights against your DH estate the example i used she inherits from her daugh/son estate.

Like I said if you have a will thats fine you wont need to spend money with your solicitor

Dancing_Shoes

rest assured my parents would make sure that the nrp's children with the pwc would be provided for but after they have made sure my children are provided for (as it was mostly my money). Thanks for clearing that up I thought you meant she could claim from my children and I nearly had heart failure!!:eek:
I know she waived her rights to claim on the clean break order but we did the wills to be doubly sure. The reason is that she had everything from the marriage breakup and my reasoning is that she had everything they built together when they were married so my children should be entitled to everything we have built together since we have been married iyswim

LizzieS_2

marksoton wrote: »

Yes but not if they die in the same accident !

The PWC would never receive assets belonging to the NRPP in the scenario given !

Mark, you are thinking this through as if nrrp, nrp & child all died instantly in a car crash.

CMAC was posting from the position of all dying one after the other with a definate difference in time of death. Using the car crash as an example, nrrp dies instantly, nrp dies later that day in hospital, child dies the following day. Death before the estate is divided makes no difference as the legal path of inheritees must be followed - in this instance the pwc would end up with the money.

You don't usually struggle to follow things like this, are you ok?

LizzieS_2

Dancing_Shoes wrote: »

rest assured my parents would make sure that the nrp's children with the pwc would be provided for but after they have made sure my children are provided for (as it was mostly my money). Thanks for clearing that up I thought you meant she could claim from my children and I nearly had heart failure!!:eek:
I know she waived her rights to claim on the clean break order but we did the wills to be doubly sure. The reason is that she had everything from the marriage breakup and my reasoning is that she had everything they built together when they were married so my children should be entitled to everything we have built together since we have been married iyswim

As long as your will clearly defines X goes to your children and Y to their children, there is no way the pwc can obtain anything off your own children. Pwc can claim for payments from her own childrens part of the estate in order to provide for them until adults.

The trustee makes the decision over what is paid out - there are problems here as the pwc can go through the courts to claim a reasonable amount, equally all the children can challenge any past decision made by the trustee once they themselves receive the balance. As trust law is complicated, some people do appoint a co-trustee who is a solicitor - it costs, but the costs can outweigh what could have happened.

Although this thread had you worried, CMAC did do right bringing the topic up - many people do not make wills due to focusing too much on today.

Dancing_Shoes

Our money would be divided between nrpp children and nrpp parents. Majority would pay off our mortgage which would be transferred to a member of my family who would be looking after my children. We were careful not to put money into trustfunds as we wanted it all to be paid away before the pwc had a chance to start her claims. There is no provision in the will for the pwc children as I stated earlier they were originally provided for at the time of the divorce and therefore the money we now have is money we have built from scratch since that time. We were told by the solicitor (who is a partner in a top legal firm) that the way we have done the will ensures that any claims she makes for her children would not be successful, I think he is actually one of our trustee thingys (sorry most of it done by dh:o) as he knows full background. He said that it is quite common for the nrp to leave the pwc out of wills and that the wishes of the will if done correctly must be followed. Most of our large assets are in my name anyway so it makes perfect sense for it to go to my family.
Are you suggesting that she can make a claim because we haven't left money for her children?

LizzieS_2

Dancing_Shoes wrote: »

Are you suggesting that she can make a claim because we haven't left money for her children?

I was assuming there was some provision for all children - just higher for yours.

She can question the will as there is no provision for financial support for her children - that is extremely expensive and not necessarily going to result in success, her children are near of age so it wouldn't apply for long (if at all).

There are ways of getting over some issues, eg making a statement within the will intentionally excluding named children. Not 100% that would cover the short gap until they come of age, but it will cover the issue of children not inheriting.