Partner died intestate

babydragon_64
babydragon_64 Posts: 2 Newbie
in Deaths, funerals & probate
My partner of 15 years died a couple of weeks ago, suddenly, without a will. We'd already discussed that he wanted his money (probably about £40k) to go to his 3 children, I didn't want anything from his estate, I have my own property and don't want his money, maybe a momento only. However when he had these plans he was talking about a long time in the future and didn't expect to die before his elderly father who's still alive.

His children have organized his funeral and took the funeral bill to his bank to be paid, which can legally come out of his bank account. However the bank have also agreed to pay the balance of the account over to the children. Is this legal? I thought if someone died intestate the estate couldn't be touched by anyone until probate was complete? I mean what if his father who has nothing wanted a claim on his estate? I can't believe the bank have done this. Should I sit back and let this continue or just keep out of it. I'm sure my partner would have made provision for his parent if he thought his father would outlive him.

Comments

  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
    Name Dropper First Anniversary First Post Photogenic
    Sorry for your loss.

    Is this in England & Wales? (the law can differ in Scotland)

    Gov.uk has a simple intestacy calculator, which comes up (E&W) with the children sharing the estate, nothing for surviving parents. https://www.gov.uk/inherits-someone-dies-without-will

    To be honest, if your partner wanted to make provision for a parent surviving him, he should have done so by making a will.
    :heartpuls Mrs Marleyboy :heartpuls

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    :) Proud Parents to an Aut-some son :)
  • Keep_pedalling
    Keep_pedalling Posts: 16,585 Forumite
    First Anniversary First Post Name Dropper Photogenic
    Banks have their own limits they will pay out without the need to go through probate. These limits are quite high, Barclays is £30k and I believe Lloyd’s is nearer £50k

    There is nothing illegal here, and the estate is being distributed corrected as per the intestacy laws, so please do not worry that anything untoward is being done. If people fail to make will (and far to many adults fail to do so) then their real wishes can't be second guessed so the default intestacy rules com e into play.
  • Dox
    Dox Posts: 3,116 Forumite
    First Anniversary Name Dropper First Post
    babydragon_64 wrote: »
    However when he had these plans he was talking about a long time in the future and didn't expect to die before his elderly father who's still alive.

    Should I sit back and let this continue or just keep out of it. I'm sure my partner would have made provision for his parent if he thought his father would outlive him.

    Sadly death often arrives unexpectedly - which is why so many people die intestate, leaving just this sort of uncertainty behind.

    You've just lost your partner of 15 years; his father and children have lost their son/father of considerably longer, so everyone is going to be in a state of emotional charge, not least because the death was sudden and unexpected.

    You ask if you should 'sit back and let this continue or just keep out of it'. Both courses of action seem to amount to the same thing, and as nothing untoward seems to be happening, there is nothing for you to do other than as much as you can to provide - and I hope receive - emotional support.

    It is for the children to decide if they wish to provide for their grandfather, unless their grandfather decides to try and claim against the estate (but that would assume his son had been supporting him financially at the time he died - and such claims are notoriously hard to win). If that happens, money paid out by the bank would have to be recovered from the children. The bank will have done nothing wrong by paying out to them.
  • SevenOfNine
    SevenOfNine Posts: 2,357 Forumite
    First Anniversary Name Dropper First Post Photogenic
    The father may be elderly, but have no expectation of inheriting from his son & to be honest he may even have been horrified had he been left anything.

    I can speak from experience (& I wish I couldn't). It is truly horrifying to outlive your own 'child' at whatever age they or the parent is. It is even more horrifying to inherit from them, by default or by design via the will of the deceased.

    It would be kind to check on the old guy, see if there's anything more practical you could lend a hand with, perhaps you have some nice photo's of his son or some other thoughtful action you could do.

    Apart from that, stay out of it.

    My condolences.
    Seen it all, done it all, can't remember most of it.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.6K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.8K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards