Who's entitled to intestate inheritence

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  • elsien
    elsien Posts: 32,735 Forumite
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    Also depends on what you mean by "a bit of money."
    As an aside, from a legal standpoint next of kin mean very little unless backed up by a power of attorney or deputyship.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • badmemory
    badmemory Posts: 7,791 Forumite
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    Were they legally separated? I believe that can make a difference.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    Your dad inherits - depending on how much is in the estate he'll either get all of it, or the first big chunk, then the money gets split other ways. By the sounds of it it's not going to be a big estate, so he'd get the lot.

    Him inheriting would be due to not being divorced... not whose name was on any certificate. There could be instances where you could challenge the will (at great cost through a solicitor), but they tend to not go too well for many people.

    It would stop some of his benefits if the amount is a relevant amount.

    Without knowing how much ... people can't be specific.

    Is it £1k, or £10k? £20k or £200k? 1million?
  • Madmelly
    Madmelly Posts: 7 Forumite
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    Less then 30 grand if that's of any help.
  • Madmelly
    Madmelly Posts: 7 Forumite
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    I would assume so. They have both lead their own lifes, had partners, lived seperately etc. All the usual, just no divorce. I have found papers that looks as though my mum tried to start divorce proceedings but my dad wasn't playing ball. Think she gave up in the end and just thought, what's the point? If only she knew.
  • unforeseen
    unforeseen Posts: 7,280 Forumite
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    Well, your mum wasn't worried about what happen d to any money she left otherwise she would have mad a will
  • Madmelly
    Madmelly Posts: 7 Forumite
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    Unforseen, She had been in a care home for the last 8 years, she went in believing she would get better and come home again, sadly this didn't happen and slowly over the years her health and mental health declined. She had no money to begin with and her estate accrued as she lay in bed unbeknown to any of us up until now. Had she known, I'm sure she would of made a will. But unfortunately we can't see into the future now can we??? She wasn't expecting to have a major stroke at 56 and end up bed bound. I think the stroke affected her rational thinking as well.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Depending on where this money came from there could be claims on it.

    Fairly unusual to have nothing and grow assets it's often the other way round.
  • badmemory
    badmemory Posts: 7,791 Forumite
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    Don't let your father accept any of this money until you/he are sure the DWP aren't going to be back demanding money back from your mother's estate. Otherwise he could land up losing his benefits & then paying back a lot of money to the DWP.
  • ProseccoGirl
    ProseccoGirl Posts: 43 Forumite
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    Madmelly wrote: »
    I would assume so. They have both lead their own lifes, had partners, lived seperately etc. All the usual, just no divorce. I have found papers that looks as though my mum tried to start divorce proceedings but my dad wasn't playing ball. Think she gave up in the end and just thought, what's the point? If only she knew.

    My parents are in a very similar situation. Separated for almost 30 years...but still legally married!!! (no need of care....yet!)

    They both still own the family home (Joint Tenants) and Mum still lives in it. At the moment neither of them have wills, but they do know that under JT the house will pass automatically to the other, and any other assets will also pass under intestacy rules. They seem OK about that.

    I can't see them doing anything about it now, as both in their 70's, but i do worry that it's storing up unforeseen problems for further on down the track with care costs etc.
    "I can see you, your brown skin shining in the sun, you've got the top pulled down and the radio on" :cool:
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