Anyone know what past inherency amount with no will was?

Moogles44

getmore4less wrote: »

looks like that second link does not work

stick "The Family Provision (Intestate Succession) Order" in the title box and search will limit the list to the 6 relevant statutes.

For 1985 the statutory legacy(spouse with children) was £40k.

Excuse me being really thick but what is this £40k ? It’s not saying that spouse of deceased only had £40k from deceased is it ( and then half of rest probably ?)

Even better if that’s the case!

Moogles44

getmore4less wrote: »

for earlier deaths
after the statutory legacy

1/2 goes into a statutory life interest trust till the spouse dies.
the other 1/2 to a statutory trust for issue(there is no 18 limit).

Once an administrator is appointed they then deal with the distributions.

The death and estate was never dealt with legally as the living spouse just took the lot and gave me promises and sailed off on the new yacht . So, if not dealt with legally would it still be mine in trust because of law?

Yorkshireman99

Moogles44 wrote: »

The death and estate was never dealt with legally as the living spouse just took the lot and gave me promises and sailed off on the new yacht . So, if not dealt with legally would it still be mine in trust because of law?

When you say not dealt with legally exactly what do you mean. No probate? No transfer of property ownership? Why has it taken so long before you took action? What does your solicitor say? The whole thing sounds quite bizarre. I find it very difficult to see how anybody here can give advice your solicitor has not already given you.

Moogles44

Yorkshireman99 wrote: »

When you say not dealt with legally exactly what do you mean. No probate? No transfer of property ownership? Why has it taken so long before you took action? What does your solicitor say? The whole thing sounds quite bizarre. I find it very difficult to see how anybody here can give advice your solicitor has not already given you.

I mean the first deceased parents estate and finances was not dealt with in any way. Our parent died and spouse just took the lot and being stunned by the death us children never questioned it as young and in so much grief and we knew , as we were always told , that the properties would be ours as both parents told us and everyone and we obviously believed it and lived our lives according to promises.

I never needed to take action as I’ve practically always lived in the property and have always known that it would be mine when other parent died , even step parent was aware of this and accepted it. I have evidence that this is true from parent and many others.

The other parent has now passed and I’m not sure if you know that it takes over a year to get it sorted very often? Solicitor is ready to present case as it is ( now waiting for other side) but I’ve found stuff very helpful to the case that they haven’t thought of so I still think that I can make it a sealed tight case, like this question on this thread.
My solicitor has tonnes of cases so I’m not priority obviously so I’m working on my own case as well.

So sorry if you aren’t happy about me asking but people on here have actually been a great help . Please just pass my thread by if it’s annoying you .

getmore4less

Moogles44 wrote: »

Excuse me being really thick but what is this £40k ? It’s not saying that spouse of deceased only had £40k from deceased is it ( and then half of rest probably ?)

Even better if that’s the case!

You need to read the legislation in the links provided and get your head round how intestate statutory legacies and trusts work.

There will be other complications depending on how the assets were held.

what surprises me is you are only looking at this now having spend thousands.

The first thing should have been tracking the legal and beneficial ownership timeline.

getmore4less

there is also going to be a need to do proper IHT/CTT returns as the spouse exemption will not apply to all the assets.