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Who inherits if there is no will or a contested one?
Dinah93
Posts: 11,466 Forumite
My granddad has three children, A son, a daughter and another son (my dad). He bought a 50p a month will from Readers Digest years and years ago, but his eldest son's solicitor has said those aren't worth the paper they're written on, and has urged him to go in and get a proper one drawn up. He's even offered to do it for free but my granddad is being very reluctant and says it's morbid (he's nearly 80 and smoked for about 40 years, although has been quit for about 20 so personally I think it's more a case of planning ahead. I have a will and I'm in my 20s so I really don't see the big issue).
He's always said that his five grandchildren will get everything when he goes (we're not talking a lot, he has a house worth about £110,000) split evenly between them. He's said this to all the grandchildren, as well as his children and the wives of the sons. He wants this to happen as he doesn't want to seem cruel to his daughter, but doesn't want her husband to benefit from him in any way. However if this 50p will isn't legally worth anything, what would happen to his money? My dad and his brother think it would automatically go to his partner (of about 12 years) - they are unmarried, own separate property and bank accounts, but do live with one another at least 9 months of the year in one house or another.
I think it would be split evenly between his 3 children as I didn't think partners had any right to inherit. Can someone tell me what would happen please? Personally I think with a lack of a will his partner's family and his daughter's husband's solicitors would brawl it out in the courts for years until there was nothing left anyway.
Also he won't say what he would like to happen to his remains, he apparently signed his organs over to medical science when he was in his 20s, but also jokes about his ashes being scattered from a motorbike in some park which I can only assume is a sporting venue. Legally would we assume the donation to science thing still stands in lieu of anything else being put on paper?
Thanks for reading, just trying to get my dad some facts as it seems to matter a lot to him to know his dads last wishes are taken care of when the time comes.
He's always said that his five grandchildren will get everything when he goes (we're not talking a lot, he has a house worth about £110,000) split evenly between them. He's said this to all the grandchildren, as well as his children and the wives of the sons. He wants this to happen as he doesn't want to seem cruel to his daughter, but doesn't want her husband to benefit from him in any way. However if this 50p will isn't legally worth anything, what would happen to his money? My dad and his brother think it would automatically go to his partner (of about 12 years) - they are unmarried, own separate property and bank accounts, but do live with one another at least 9 months of the year in one house or another.
I think it would be split evenly between his 3 children as I didn't think partners had any right to inherit. Can someone tell me what would happen please? Personally I think with a lack of a will his partner's family and his daughter's husband's solicitors would brawl it out in the courts for years until there was nothing left anyway.
Also he won't say what he would like to happen to his remains, he apparently signed his organs over to medical science when he was in his 20s, but also jokes about his ashes being scattered from a motorbike in some park which I can only assume is a sporting venue. Legally would we assume the donation to science thing still stands in lieu of anything else being put on paper?
Thanks for reading, just trying to get my dad some facts as it seems to matter a lot to him to know his dads last wishes are taken care of when the time comes.
Debt January 1st 2018 £96,999.81
Debt September 20th 2022 £2991.68- 96.92% paid off
Met NIM 23/06/2008Debt September 20th 2022 £2991.68- 96.92% paid off
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Comments
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If a home made will is properly signed and witnessed, then it is legally binding, no matter what it says. It would be a good idea to have a solicitor look over it (though not by the son's solicitor, he would have a conflict of interest) as some badly written wills can have disastrous consequences that were far removed from what the person intended.0
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If he made the will years and years ago, did the will allow for any grandchildren born after the date of the will, if that applies?
If he doesn't want money to go to his daughter's partner, he should be willing to at least have the current will checked. If that will doesn't stand, the intestacy rules will apply and his daughter will inherit. This is a clear explanation - https://www.youngandpearce.co.uk/intestrules.htm
An unmarried partner won't be entitled to anything - not even his personal possessions. Wouldn't she like some things to remember him by?
If someone - preferably his executor - doesn't have the details of what he has chosen to do with his body, they won't be able to fulfil his wishes. People need to be told quickly after the death if a body is to be donated for medical research.
Who has he named in the present will as executors? Are they still alive? Are they willing to take on the job?
It's strange that he was willing to make a will years ago but now, at his age, thinks it's morbid to think about it!0
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