Access to Estate

Mojisola

lulu650 wrote: »

Interestingly, I didn't know at the time of my stepfather's death that stepchildren are not classed as next of kin. I don't think he ever told his blood relatives that his will stated his entire estate would be going to myself and brother

If there isn't a will, the estate goes to blood relations in a particular order so step-children or unmarried partners can't inherit.

It can cause a lot of problems in families where there are 'his', 'hers' and 'our' children.

Savvy_Sue

jack_pott wrote: »

I want to leave something for someone, and am wondering whether I need to put it in a bank deposit box to make sure nobody else can get at it.

If you don't want the use or joy of it any more, then the best thing would be to give it now. My mother was advised to do this by her solicitor rather than leave specific items in her will: it avoids the difficulty of not being able to find things named in a will, or unseemly arguments over whether the thing being claimed is the thing named in the will.

When Mum started talking about what any of us would like, there was something which I and several of my siblings particularly wanted: I think we'd all said as much even BEFORE she said anything about making a will. Not particularly valuable, but of sentimental value.

I don't know if any of them have missed it, but she gave it to me a few years ago. I've never liked to mention it.

patanne

There is also the possible issue of the "donor" going into a care home with dementia. This could leave the people sorting that out actually selling the items to provide for the care without realising. Luckily my parent attached notes to all items that were to go to specific people, as they were not mentioned in her will, and it was my responsibility to deal with, so all possible items were given to those people as she wanted.

It was just done before her death rather than after. It was either that or pay for storage, which seemed a bit silly & far better that the items were used/displayed rather than stuck in some storage place for ages.

lulu650

Mojisola wrote: »

If there isn't a will, the estate goes to blood relations in a particular order so step-children or unmarried partners can't inherit.

It can cause a lot of problems in families where there are 'his', 'hers' and 'our' children.

In our case it was next of kin assuming there wasn't a will when the original will was lodged with me the oldest stepchild. Items and money were therefore taken away illegally.

In the great scheme of things it wasn't worth creating a fuss over but it would have been easier if my stepfather had actually told his relatives that there was a will even if he didn't want to say what was in it.