Inheritance

paddedjohn

Right, 3 children A, B, and C, child A has 2 kids but then dies. Parents of A, B and C both die leaving no will, would I be correct in assuming that the 2 kids of A get a third share between them along with B and C?

unforeseen

Under the rules of intestacy yes. C's share will pass down to the children.

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

paddedjohn

unforeseen wrote: »

Under the rules of intestacy yes. C's share will pass down to the children.

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

Thanks (A's share though)👍

unforeseen

Oooop's.. my bad

paddedjohn

One more related question, the house is in the name of the deceased, B and C will be sorting out matters but can they put the house into their names to sell without the children of A knowing? Would questions be asked at land registry?

Yorkshireman99

There is no purpose in changing the Land Registry entry. That happens when the property is sold. The solicitor handling the sale will do that. In any case it could cashes all sorts of problems. Why is there any need for secrecy? The Land Registry a public record open to anyone who pays the small fee. Before selling letters of administration will need to be obtained by the closest relatives. That means getting all the information of their assets and debts.

paddedjohn

No secrecy, I was just trying to be simplistic, what do you need to know?
The surviving brother and sister have just lost their parents and are quite naive in matters like this (like most of us). Talking to them last week the matter of no will popped up and it was mentioned that they will inherit the house but will ensure the nieces are looked after and I'm just waiting for the right time to tell them that they are rightfully due a third share between them but was rather hoping that when they tried to gain administration this would be explained to them so it doesn't look like I'm jumping in.

da_rule

If the children of A are aged under 18 then they cannot inherit right away. The assets will be held on trust until they are 18.

Yorkshireman99

paddedjohn wrote: »

No secrecy, I was just trying to be simplistic, what do you need to know?
The surviving brother and sister have just lost their parents and are quite naive in matters like this (like most of us). Talking to them last week the matter of no will popped up and it was mentioned that they will inherit the house but will ensure the nieces are looked after and I'm just waiting for the right time to tell them that they are rightfully due a third share between them but was rather hoping that when they tried to gain administration this would be explained to them so it doesn't look like I'm jumping in.

Perhaps looking at the following page will clarify things.

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

An application for letters of administration will be needed which takes the place of a will. The link also shows who can apply and in what order.

That is the starting point. If all of the beneficiaries are over 18 then, if they all agree, a Deed of Variation can be done to resistrubute the estate. In any case all the assets will need evaluating less any debts such as the funeral costs, and the net figure get distributed to the beneficiaries according to the rules or DOV.

Plenty of help here is you need it. As long as you are methodical and keep accurate notes it is not too difficult to DIY it. However if the total estate value is close to, or over the IHT limited then you may need paid for professional advice.

paddedjohn

da_rule wrote: »

If the children of A are aged under 18 then they cannot inherit right away. The assets will be held on trust until they are 18.

26 and 19 are very close to their Aunty and Uncle and 100% know that they wouldn't try to con them in and way shape or form. I didn't want to mention their share to Aunty as it would look like I wasn't trusting them which I do but I'd rather they found out the rules when admin was applied for.

getmore4less

paddedjohn wrote: »

One more related question, the house is in the name of the deceased, B and C will be sorting out matters but can they put the house into their names to sell without the children of A knowing? Would questions be asked at land registry?

All B&C need is the death certificate to become the legal owners

Unless there is something unusual about the ownership B&C can now sell it.

The beneficial interests are a separate issue which the land reg do not get involved with.