Wills & Probate

Minty74 · 26 December 2018 at 12:34PM

My grandma recently passed away, she inherited my grandads estate when he passed away 3 years ago, my grandma doesn’t have a will. They had two children, my mum and uncle, my mum was married to my stepfather at the time she passed away in 2004, so that just leaves my uncle and 3 grandchildren ie me,my sister and brother. My uncle was made an Admin for my grandma after my grandfather passed away and the Estate left was to benefit my grandma , but she has passed away leaving no Will that can be found on the legal register. My uncle claims he is the only beneficiary? Does anybody know if this is true please?

Mojisola · 26 December 2018 at 12:45PM

Minty74 wrote: »

My grandma recently passed away, she inherited my grandads estate when he passed away 3 years ago, my grandma doesn’t have a will. They had two children, my mum and uncle, my mum was married to my stepfather at the time she passed away in 2004, so that just leaves my uncle and 3 grandchildren ie me,my sister and brother. My uncle was made an Admin for my grandma after my grandfather passed away and the Estate left was to benefit my grandma , but she has passed away leaving no Will that can be found on the legal register. My uncle claims he is the only beneficiary? Does anybody know if this is true please?

It isn't. Your mother's share passes to her children.

Minty74 · 26 December 2018 at 12:54PM

Thank you for your reply, what about my mother’s windowed husband? Why would my uncle think he’s the sole beneficiary? There was a grant made in 2015, my uncle was made an admin, the estate was to benefit my grandma. I’m confused.

Flugelhorn · 26 December 2018 at 12:59PM

When your grandfather died, it sounds like the whole estate was left to grandmother under the rules of intestacy (hence the admin in 2015). Now she has died intestate (ie without a will and presumably not remarried?) then the distribution follows the same strict rules, it only passes to blood relatives not to your late mother's husband

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

From the info you have given it looks like Uncle would get 50% and you and your siblings would get third each of your late mother's share ie 16.66% or a sixth of the total each

Minty74 · 26 December 2018 at 4:20PM

Thank you for your reply but I’ve now been told my mums widowed husband can inherit her share, even though my mum has passed away.

unforeseen · 26 December 2018 at 4:25PM

That would only apply if your mum died after your grandmother.

Intestacy only follows the blood line. Your stepfather isn't in the bloodline. Even if your mum was still married to your father at the time of her death, it wouldn't include him either for the same reason.

I suggest that if your uncle believes that your stepfather inherits then he really needs to get legal advice otherwise it could cost him.

Flugelhorn · 26 December 2018 at 4:26PM

Minty74 wrote: »

Thank you for your reply but I’ve now been told my mums widowed husband can inherit her share, even though my mum has passed away.

I think that would be unlikely if there is no will saying so, they have to follow the rules of intestacy.

I had similar - my uncle died, no children - his 4 siblings would inherit in equal shares, my father (one of the siblings) had died so I (and not my mother ) inherited the share.

Might be worth you asking the question on this forum as lots of people with experience of this>

https://forums.moneysavingexpert.com/forumdisplay.php?s=&daysprune=&f=217

Wills & Probate

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