Intestacy rules not followed - consequences?

g6jns_2

This link shows you.


https://www.gov.uk/inherits-someone-dies-without-will

Mojisola

Beenie wrote: »

Does that mean that when my sister died intestate, my mother is incorrect in her reading of intestacy that she (mother) inherits the whole estate? i.e. as my father is dead, I should inherit his share?

Your mother is right. Parents take precedence over siblings.

If two parents are alive, they share the estate. If only one is alive, he/she takes it all.

SevenOfNine

Wouldn't it have been a thoughtful gesture for Mother to have set aside a suitable % sum to share between the siblings though, (bearing in mind the whole 'gifting' limitations thing).

A skim of this forum shows how much greed, selfishness & resentment there can be when someone dies leaving an estate of any sort, it's very sad.

Mojisola

SevenOfNine wrote: »

Wouldn't it have been a thoughtful gesture for Mother to have set aside a suitable % sum to share between the siblings though, (bearing in mind the whole 'gifting' limitations thing).

That depends on people's circumstances - if the mother was struggling on a very small income while the siblings were all in work and living comfortably, then no.

If there had been bad relations between the siblings, maybe the deceased would have hated her money to go to her siblings.

getmore4less

SevenOfNine wrote: »

I don't want to get number 8's eventual Executors in to trouble by default because I said nothing.

I think my options are:
a) To eventually advise Executors of number 8's Will of the circumstances & insist they dump that part of the estate in the lap of a solicitor.
b) Say nothing & plead total ignorance if the sh hits the fan!

Can't remember the exact rules or if they apply when LOA are taken but there some rules around the way unfinished estates(due to death of the last administrator) follows the chain.

worth checking, I will see if I can find a reference.

madbadrob

OK as I understand this and I hope to be corrected if not. Person dies and leaves an amount of money. His only surviving sibling applies for and obtains the letters to collect and use that money. The OP questions whether others should have been entitled.

OK the answer is simple and one that people seem to have missed here. If any other siblings were alive at the time of the death of the person who died leaving this estate then they are entitled to an equal share but only if they survive for 28 days longer than the deceased. If they die in that time scale their share is returned to the pot. If however they survive the 28 days that share then passes to the spouse of the second deceased or any children of.

If however at the time of the death of the wealthy individual there is only one sibling surviving then that one sibling gets it all. The nieces and nephews get not a jot nor are they entitled to that money.

There is only one other outcome of this and that is did the deceased have children? If so then the person obtaining the letters as actually applied with no rights to apply unless said children were under 18 which I doubt in this case

Rob

getmore4less

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Contrary to what the UK government says......

https://www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/no/no/no/yes

TBagpuss

madbadrob wrote: »

OK as I understand this and I hope to be corrected if not. Person dies and leaves an amount of money. His only surviving sibling applies for and obtains the letters to collect and use that money. The OP questions whether others should have been entitled.

OK the answer is simple and one that people seem to have missed here. If any other siblings were alive at the time of the death of the person who died leaving this estate then they are entitled to an equal share but only if they survive for 28 days longer than the deceased. If they die in that time scale their share is returned to the pot. If however they survive the 28 days that share then passes to the spouse of the second deceased or any children of.

If however at the time of the death of the wealthy individual there is only one sibling surviving then that one sibling gets it all. The nieces and nephews get not a jot nor are they entitled to that money.

There is only one other outcome of this and that is did the deceased have children? If so then the person obtaining the letters as actually applied with no rights to apply unless said children were under 18 which I doubt in this case

Rob

This is not correct.

Sibling 7 dies. They had no living parents, spouse or children.

Their estate should therefore be split equally between their 7 siblings. If a sibling has died, then that sibling's share is split equally between *their* children.

If a sibling died before 7 and had had no children, then their share would be split equally between the remaining 6 siblings.