what happens to the inheritance

scotty1971

rpc wrote: »

And if the executor (be they dative or nominate) knows that there are children with legal rights and does not contact them then that executor could find themselves paying out the legal rights from their own pockets.

If the executor does not know about any children, they need to conduct some basic due diligence to check.

Should the children choose to claim their legal rights (and barring any clauses in the will that would effect this) then the legal rights (50% of the moveables) would get taken from the estate and then the MIL's estate would get her inheritance from the remainder. That inheritance would form part of the MIL's estate when her will is executed (or her intestate estate is divvied up).

The details depend on what is in the will.



If the lawyer lacks information as executor, they should be checking it themselves. If SIL has stated that there are no children then it will come back to bite her. Is SIL the executor? Serious problems in store if she is manipulating her position...

SIL not the executor and has not stated there no children as they have not been asked,i believe the lawyer is

scotty1971

BIL is the executor and has not informed the solicitor of the partners children.And i believe the solicitor has made no attempt to find out if he had children who might inherit monies.

Yorkshireman99

scotty1971 wrote: »

BIL is the executor and has not informed the solicitor of the partners children.And i believe the solicitor has made no attempt to find out if he had children who might inherit monies.

The executor needs warning that if he does not disclose the existence of all the children and allow the estate to be distributed accordingly he is likely to be in serious trouble.