Lottery Win

DUTR

LizzieS wrote: »

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.

When you say HER children, do you mean those with the NRP?

marksoton

LizzieS wrote: »

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?

Hi Lizzie, i am fine thank you .

In the scenario given the money would not go to the PWC. Assets would not pass through a chain like that. The money would go to a relative of the NRPP, a sister for example.

LizzieS_2

marksoton wrote: »

Hi Lizzie, i am fine thank you .

In the scenario given the money would not go to the PWC. Assets would not pass through a chain like that. The money would go to a relative of the NRPP, a sister for example.

You're right on the timings. How about 28 days gap between deaths?

CMAC_2

Intestacy Rules – Who gets what under the rules of intestacy


We all know how important it is to have a will, yet millions of us put it off and, in doing so, run the risk of the state determining how our assets should be distributed on our death.

Lawyers describe someone who passes away without a will as dying intestate.

It is the Intestacy Rules (set out in the Administration of Estates Act 1925) that determine who gets what if you die without making a will.

Here is a quick guide to the pecking order under the Intestacy Rules.

You are married and your estate is worth less than £250,000

Under the Intestacy Rules, your surviving spouse gets everything.

You are married, your estate is worth more than £250,000 but you don’t have any surviving relatives.

Again under the Intestacy Rules, your surviving spouse gets it all.

You are married, your estate is worth more than £250,000 and you have children.

Under the Intestacy Rules, it now starts to get interesting and potentially problematic for the surviving spouse. The first £250,000 will go to the spouse but they will only get a life interest in half of whatever is left over. The other half will go to the children immediately with the rest following when the life interest ends on the death of the spouse.

If any child should pre-decease you, then their own children (your grandchildren), would get their parent’s share.

You are married, your estate is worth more than £250,000, you don’t have children but you do have surviving relatives.


Under the Intestacy Rules, the surviving spouse’s automatic share goes up to £450,000. Half of anything left over also goes to the spouse. The other half goes to the surviving relatives in this order:

• • Parents
  • Brothers or sisters or their children
  • Half Brothers or sisters or their children
  • Grandparents
  • Uncles or aunts or their children
  • Half uncles and aunts or their children

You are not married but have children

Under the Intestacy Rules your children will inherit. Again, if a child has pre-deceased you, then their children will get their parent’s share

You are not married and have no children


Under the Intestacy Rules, your surviving relatives will inherit in the following order:

• • Parents
  • Brothers or sisters or their children
  • Half brother or sisters or their children
  • Grandparents
  • Uncles or aunts or their children
  • Half uncles and aunts or their children

If you have no surviving parents, siblings, grandparents, uncles or aunts then under the Intestacy Rules, everything will go to the Crown!


Remember

• The Intestacy Rules do not recognise unmarried “common law” partners.
• The Intestacy Rules allow a 28 day survivorship period.
• The effect of the Intestacy Rules can be inequitable and unfair, especially for surviving spouses. Surviving dependants may be entitled to seek more adequate provisions by making a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
• However, the best way of avoiding the unintended consequences of the Intestacy Rules is quite simply to make a will. It is easy to do and cheaper then you probably think.

If you require advice about the Intestacy Rules or would like to make a claim under the Inheritance Act

LizzieS_2

• The Intestacy Rules allow a 28 day survivorship period.

Mark was questioning the 10 minute differences in death due to above. 28 days apart would result in exactly what you said, and the shock tactic of what you were trying to show can happen is the best way to make people realise just how important a will is.

marksoton

LizzieS wrote: »

[/LIST]
Mark was questioning the 10 minute differences in death due to above. 28 days apart would result in exactly what you said, and the shock tactic of what you were trying to show can happen is the best way to make people realise just how important a will is.

Sorry to disagree again Lizzie but what i stated still stands. The PWC is in no way related to the NRPP. Even if the child did inherit the money after 28 days ( highly unlikely as the process would take time ) the family of the NRPP would have a legitimate and real chance of " recouping " the money.

TBH the scenario is highly unlikely, and if you were the NRP or NRPP you ain't gonna be around to care anyway !

CMAC_2

marksoton wrote: »

TBH the scenario is highly unlikely, and if you were the NRP or NRPP you ain't gonna be around to care anyway !

You are right it is highly unlikely that it would happen, the point is get a will because it could happen and the law would allow it in the right circumstances.

Dancing_Shoes

DUTR wrote: »

When you say HER children, do you mean those with the NRP?

Yes ,their children just tried to make the post more clear:D

So the pwc could make a claim against our will but only if the children are under 18 then it would be down to the children themselves to claim?
Would legal aid cover the cost of their claims if our solicitor was prepared to defend them?

We haven't left them penniless, she has a house, a car and savings accounts for the children all of which we have paid 100% for whilst we are alive;)

Dancing_Shoes

marksoton wrote: »

TBH the scenario is highly unlikely, and if you were the NRP or NRPP you ain't gonna be around to care anyway !

We have lived years of the pwc claiming more and more things from us (not things she was entitled to but she made our life very difficult unless we gave in to her ridiculous demands:mad:) and the thought that if I and my dh died that our children would face a lifetime of the same having just lost their parents makes me sick to my stomach. We have worked very hard to build our lives from scratch (when my dh got divorced and gave all his assets to the pwc) and we have made sure that we have been sensible by getting life insurance so that our children are provided for without further stress to their lives if they were to lose us and to think that whatever we do in our lives, whatever we build she will always have a claim on it makes it not worth building anything for our childrens future

I have on many occassions provided for her children why can't I be allowed to provide for my own?

marksoton

Dancing_Shoes wrote: »

We have lived years of the pwc claiming more and more things from us (not things she was entitled to but she made our life very difficult unless we gave in to her ridiculous demands:mad:) and the thought that if I and my dh died that our children would face a lifetime of the same having just lost their parents makes me sick to my stomach. We have worked very hard to build our lives from scratch (when my dh got divorced and gave all his assets to the pwc) and we have made sure that we have been sensible by getting life insurance so that our children are provided for without further stress to their lives if they were to lose us and to think that whatever we do in our lives, whatever we build she will always have a claim on it makes it not worth building anything for our childrens future

I have on many occassions provided for her children why can't I be allowed to provide for my own?

You can and will. She would have very flimsy basis for claiming anything should the worst happen.

Which reminds me, i need to change my life assurance. It's still signed over to the wicked witch ! :eek: