Intestate situation

marc3

Sort of using this as a shoulder to cry on ,and no doubt i will get a few hard hearted responses but maybe a few sensible ones 
i sort of know the answer anyway as its seemingly very clear cut 
wifes father died couple of months ago-youngish age and out of blue -it sadly happens.

she was 'close'and still very upset -will get over that aspect.
passed away Intestate -no will.
My wife also lost her divorced brother 5 years ago. They had a now grown up daughter(divorced a long time ago )
Following their divorce  many years ago my brothers ex wife and their only daughter moved to scotland to be with my brothers ex wife  family 
they subsequently  saw my father/ their grandfather twice  in twenty years.
my brother hardly knew her as well -yes a pity -but the mother took effectively total control 

By the law of Intestate as my brother has passed away-his daughter gets his share (the same as me ).
my wife was close to and helped her  father (who also lost his wife /my mother two years ago  -her  daughter also visited her grandfather weekly 

as there is no will -my wifes daughter (from my wifes first marriage ) gets nothing (although my wife will help her from her  share )but her cousin who did not even know her grandfather gets the same as my wife 

my wife (we ) have no issue with her having a reasonable sum -and  do not lose sight of the fact that a couple of years ago the 'estranged 'granddaughter  lost her own  father (although she hardly knew him either-and more importantly-made little attempt to know him ).

My wife is very upset by it all -accentuated by the fact that the other beneficiary is now hassling my wife as to when she will get her share and regardless of the circumstances-in particular cant understand that Intestate takes longer and any IHT issues have to be 'cleared' first .

I do not believe  my wife can do anything about what seems a totally unfair situation as it is 'the Law' and solicitor seems to 'confirm  'that .

The subject of a 'Deed of Variation ' has been muted -but was immediately rejected by my wifes niece in no uncertain terms (not the most charming/sympathetic of girls and very hard nosed (some may say money grabbing ); but ultimately she is entitled to be exactly that way  as it is 'Law'  and didly squat my wife can do about it .

if anyone has any other thoughts-apart from -'get over it/move on/dont be greedy-would be appreciated.


in fact-whilst no denying there  is an  element of my wife thinking she is much more entitled to inherit a larger share of her fathers estate than a 'long lost ' grandaughter who did not know or care two hoots about him ,its more a case of undeserved getting it ,than deserved not getting it !

has crossed our mind whether to 'contest 'the Intestate law,the same as some challenge a bona fide will-but dont think that would get us anywhere and we havent got deep pockets to fund any challenge . Indeed we can both understand why that 'law is there to 'protect in quite a few instances  -but it does not feel right that seemingly 'one size is made to fit all '

thoughts/practical advice anyone-or indeed has anyone experience of similar to share  ?
 

FlorayG

It's very sad but that's how it goes if there is no will. If a person doesn't legally state their wishes then the rules have to be applied. 'She never visited him and hardly knew him' would be no argument in law. Your wife can only take her share and forget the other beneficiaries, it's not worth getting upset about

marc3

You are of course right Foray-but when you are in the situation its so much tougher to accept .

Sarahspangles

marc3 said:

You are of course right Foray-but when you are in the situation it’s so much tougher to accept .

It’s best to move on past it because the person who has passed away also made a choice, even though that choice was not to act.

mattojgb

Presuming you are financially comfortable, there is very little possibility of succeeding in a claim under the Inheritance Act.

p00hsticks

Nothing you can do I think.

However thanks for posting as it once again emphasises to others who may read this the importance of both familiarising yourself with the intestacy rules in the particular country you live in, and in then making a will if they do not match what you want to happen after your death. 

Hoenir

Money and family relatives is a toxic mix. Anything anybody receives should be viewed a bonus. If the deceased was bothered as to who would receive what they would have drafted a will. 

marc3

thank you for your posts a few months back .

bumping this back up and looking for any additional 'contributions'.

because  the  amount to be received (because of a unique set of circumstances) is totally disproportionate to any entitlement (and some may even question any ) legal advice is that even though Intestacy is pretty clear cut ,this should and can be challenged .
(one is wary of solicitors simply fee building/stress and potential benefit v costs ).

seemingly this would come under a 'proprietary estoppol' challenge  ' which is seemingly  quite common where there is a will, but rare where there isnt one and Intestacy law kicks in -but it can and has been done apparently .  

i simply wonder whether there is anybody out there who has experience of this -and what it takes/success /failure -either in the case where there is a will -or maybe in the rarer case where there isnt one ,such as this instance .
Obviously i/solicitors can research case histories -but for now -taking the lazy route and putting it ot there on this forum

Savvy_Sue

If you / your wife has presented the situation to a 'proper' solicitor (ie one she is paying), then it seems to me unlikely that anyone here can add to that advice, and unwise that we should try ... 

Because your 'proper' solicitor has all the facts, and we only have what you've put here. 

Even if someone here has experience of a proprietary estoppel challenge under intestacy, the situation will have been different to yours. 

Is this a STEP solicitor? I'd definitely want advice from someone who specialises in this area of law. 

Keep_pedalling

You risk spending an awful lot of money on a case you will likely not win. Someone in the position of your FIL was very foolish in not making a will but I think it is better to take the consequences and get some closure rather than drag this out through the courts which could eat up a good chunk of your lives. 

msb1234

If your brother in law had still been alive he would have had a share equal to your wife which he could have passed on to his daughter in turn. Your wife can still pass her share onto her daughter if she wishes, but it is only right that the brother’s daughter receives her father’s share. She is not being greedy.