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Grandmas estate

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Comments

  • antrobus
    antrobus Posts: 17,386 Forumite
    Skipriv wrote: »
    .... My father remarried 10 years ago would his spouse be entitled to any of the estate?.....

    Depends.

    Would his spouse be in any way have been "maintained, either wholly or partly, by the deceased"? The Inheritance (Provision for Family and Dependants) Act 1975 might apply.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    antrobus wrote: »
    Depends.

    Would his spouse be in any way have been "maintained, either wholly or partly, by the deceased"? The Inheritance (Provision for Family and Dependants) Act 1975 might apply.

    It wouldn't make any difference if the spouse was financially dependent on him.

    She could make a claim on his estate for that reason but not on someone else's.
  • Skipriv
    Skipriv Posts: 5 Forumite
    Mojisola wrote: »
    Unless the will says that the portion that would otherwise have gone to your father must go back into the estate, his share will be yours.

    But everything depends on the wording of the will. Have you asked the executors what they are going to do? Do you have a copy of the will?

    Yes I have a copy of the will which is simple and states that everything is to be divided equally between my grandmas children.

    No the executor has not contacted me since my Grandma passed away 4 months ago with no mention of any inheritance I may be due.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Skipriv wrote: »
    Yes I have a copy of the will which is simple and states that everything is to be divided equally between my grandmas children.

    No the executor has not contacted me since my Grandma passed away 4 months ago with no mention of any inheritance I may be due.

    In that case, it would be worth contacting the executor.

    Maybe he/she doesn't realise that you are entitled to your father's share.
  • antrobus
    antrobus Posts: 17,386 Forumite
    Mojisola wrote: »
    It wouldn't make any difference if the spouse was financially dependent on him.

    She could make a claim on his estate for that reason but not on someone else's.

    Ah, well spotted. There was I gettin' all confused.:)
  • Leothecat
    Leothecat Posts: 1,492 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Surely if your father has sadly passed away too then the estate will be split between the 2 remaining children of your Grandma?
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Leothecat wrote: »
    Surely if your father has sadly passed away too then the estate will be split between the 2 remaining children of your Grandma?

    No. If a predeceased child leaves surviving children then those children inherit the deceased parent's share.

    If an unrelated person is left a legacy but dies first, then that legacy fails.
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