Sister died intestate

BDK95

Hi. Just looking for some advice. My sister has died intestate. Therefore her estate has gone to my father. My mother died a few years ago, and they were divorced. Does the per stripes rule apply here? I don't get on well with my father and he has a new family, it seems unfair that my mothers side, which , yes does include me don't inherit anything. I can't of course say what my sisters wishes were, but we went through a lot together as youngsters and I'm sure she wouldn't of wanted this.

Cheeky_Monkey

You mean 'per stirpes'

AFAIK, the fact that your Father is the sole beneficiary is correct because a parent takes precedence over a sibling

Yorkshireman99

BDK95 wrote: »

Hi. Just looking for some advice. My sister has died intestate. Therefore her estate has gone to my father. My mother died a few years ago, and they were divorced. Does the per stripes rule apply here? I don't get on well with my father and he has a new family, it seems unfair that my mothers side, which , yes does include me don't inherit anything. I can't of course say what my sisters wishes were, but we went through a lot together as youngsters and I'm sure she wouldn't of wanted this.

The intestacy rules say that if the deceased had no children and was unmarried the parents inherit equally. So half should have gone to her mother. Did anyone apply for letters of administration? If so who?

BDK95

As far as I know my father. My mother is dead, which is why I asked about the per stirpes rule. My parents divorced years ago, so it's as if there are two separate families.

seven-day-weekend

Under the rules of intestacy, the estate goes to a parent before a sibling.

haras_nosirrah

Unfortunately whether it is what she wanted or not is irrelevant. By not making a will she has no say over what happens to her estate and therefore the law decides that her father is beneficiary. If she felt strongly she did not want this to happen then she should have made a will but nothing can be done now.

There is nothing you can do about this so let it go.

antrobus

BDK95 wrote: »

As far as I know my father. My mother is dead, which is why I asked about the per stirpes rule. My parents divorced years ago, so it's as if there are two separate families.

If the deceased had no surviving spouse or civil partner (IHTM11032) or issue others may benefit in the following order

• parents - equally if both living

http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM12125.htm


The point would be that your parents were not 'both living'. Your mother was dead, and so your father gets the lot.

Mojisola

BDK95 wrote: »

Hi. Just looking for some advice. My sister has died intestate. Therefore her estate has gone to my father. My mother died a few years ago, and they were divorced. Does the per stripes rule apply here?

No. It only applies down the generations to 'issue' of the deceased.

DavidF1970

Unfortunately, as the estate was intestate, with no surviving spouse or children or issue, then the next line is Parents. This is why your father inherited the whole estate as your mother has predeceased. There is nothing unfortunately you can do as the law is very clear on the rules of intestacy. If you are on speaking terms with your father then talk to him about your worries and if he is receptive then maybe he can insert a trust in his Will (if he has one) to take care of you after his days.

It is a very unfortunate situation one which I have seen before