Advice needed.

newuser111

I'm looking for some advice regarding a somewhat complex situation. The answers to the first bit may help me to work out the second problem myself. Thank you.


My wife's auntie passed away recently. She left no children, no husband/civil partner (although she had been living with a man for many years) and no will. As the only living blood relatives, I was under the assumption that my wife and her 2 sisters would inherit their aunties estate but apparently this has not happened. The man she was living with has control over the estate. This is what I am told anyway. My wife's eldest sister is down as the NOK for the deceased auntie.
Can anybody with the legal knowhow confirm that I am correct, and that the cohabiting man should NOT be inheriting the estate?

Yorkshireman99

newuser111 wrote: »

I'm looking for some advice regarding a somewhat complex situation. The answers to the first bit may help me to work out the second problem myself. Thank you.


My wife's auntie passed away recently. She left no children, no husband/civil partner (although she had been living with a man for many years) and no will. As the only living blood relatives, I was under the assumption that my wife and her 2 sisters would inherit their aunties estate but apparently this has not happened. The man she was living with has control over the estate. This is what I am told anyway. My wife's eldest sister is down as the NOK for the deceased auntie.
Can anybody with the legal knowhow confirm that I am correct, and that the cohabiting man should NOT be inheriting the estate?

Since she died intestate then the estate passes to those titled under the laws of intestacy. Unmarried partners inherit nothing. In order to deal with the estate the closest blood relative has to apply for letters of administration. They then are legally entitled, and obliged, to collect the assets of the state and to pay the debts. Finally they distribute the funds that remain.

Tigsteroonie

What 'estate' is there, and what kind of 'control' is he exercising over the estate?

If she has been living with this many for a number of years and the 'estate' is a house, it's possible that they owned it jointly so it's still half his; continuing to live there could look as though he is controlling matters but in fact he is simply continuing to live in a house he owns.

newuser111

Yorkshireman99 wrote: »

Since she died intestate then the estate passes to those titled under the laws of intestacy. Unmarried partners inherit nothing. In order to deal with the estate the closest blood relative has to apply for letters of administration. They then are legally entitled, and obliged, to collect the assets of the state and to pay the debts. Finally they distribute the funds that remain.

Thank you. Yes, this was my understanding of it but the issue seems to be clouded somewhat. My wife has been given limited information from her sisters and I am wondering if there is something we don't know. Having said that, the deceased auntie and her 'partner' were not married/civil partnered so in that respect, the rules are pretty clear?


Can I also check a separate point; You can not inherit something if you are dead? Your estate, that is, can not inherit from someone else's estate? I

Jenniefour

How do you know there is anything to inherit? And how do you know for sure there is no will?

If aunt and partner co-owned a property with a joint tenancy agreement it would automatically become his on her death, if they had joint bank accounts the same, and if aunt was still working and contributed to a workplace pension then she may have named him as the beneficiary in the event of her death prior to retirement.

Next of kin has no significance concerning possible inheritance.

Check this out on who inherits if there is no will:-

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

newuser111

Tigsteroonie wrote: »

What 'estate' is there, and what kind of 'control' is he exercising over the estate?

If she has been living with this many for a number of years and the 'estate' is a house, it's possible that they owned it jointly so it's still half his; continuing to live there could look as though he is controlling matters but in fact he is simply continuing to live in a house he owns.

Mostly cash we believe, approx. £60,000. I don't know whether it is held in joint accounts or her own. If her own, how would be touch it? He can't surely.


Eldest sister has seen bank statements and began sorting funeral etc. She was dealing with it initially but It all seems to have gone very hush hush. I am wondering if there are things we may not know about. Deceased auntie never worked - she was 'kept' by partner. As far as we know, she owned no property.


I ask all of this as another distant relative has died recently and there is some concern that the cohabiting partner would be able to get hold of the deceased auntie's portion of this. I think not - how can somebody inherit if they are dead? My understanding is that you can only inherit from distant family if you are a blood relative and obviously, he is not.

Yorkshireman99

newuser111 wrote: »

Mostly cash we believe, approx. £60,000. I don't know whether it is held in joint accounts in her own. If her own, how would be touch it? He can't surely.


Eldest sister has seen bank statements and began sorting funeral etc. She was dealing with it initially but It all seems to have gone very hush hush. I am wondering if there are things we may not know about. Deceased auntie never worked - she was 'kept' by partner. As far as we know, she owned no property. Partner, however, owns a lot of property.

If the money is in joint accounts then legally it belongs to the survivor.

newuser111

Yorkshireman99 wrote: »

If the money is in joint accounts then legally it belongs to the survivor.

That was what I thought, but after doing some research it seems that if the 2 partners were not married, it may not be that straight forward.


If you are correct, however, then it would make sense as to why the whole issue has gone very quiet. As I say, my wife has been given very limited information.

Yorkshireman99

newuser111 wrote: »

That was what I thought, but after doing some research it seems that if the 2 partners were not married, it may not be that straight forward.


If you are correct, however, then it would make sense as to why the whole issue has gone very quiet. As I say, my wife has been given very limited information.

Joint accounts can be between anybody and their relationship makes no difference. The survivor owns the lot.

Jenniefour

"I ask all of this as another distant relative has died recently and there is some concern that the cohabiting partner would be able to get hold of the deceased auntie's portion of this."

If the estate of the distant relative has already been paid out and aunt chose to put it into a joint account, rather than an account in her own name, then it is now his.

Mojisola

newuser111 wrote: »

My wife's auntie passed away recently.

newuser111 wrote: »

I ask all of this as another distant relative has died recently and there is some concern that the cohabiting partner would be able to get hold of the deceased auntie's portion of this.

I think not - how can somebody inherit if they are dead?

If this relative died after auntie, then none of it will come to auntie's estate.

If the relative died before auntie, then some of it may come to auntie's estate.

As auntie didn't leave a will, this inheritance would have to be shared out among blood relations according to the intestate laws. It wouldn't go to auntie's unmarried partner.