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  1. #11
    Growing old Disgracefully
    Join Date
    Jan 2008
    Location
    NORTHAMPTONSHIRE, ENGLAND
    Posts
    3,216

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    I don't understand anything about wills and probate so find this interesting.

    My dad died with out making a will although he had verbally told all 3 of us children we would have what money he had to share a 1/3 each. But we got nothing.

    He had married again after Mum had died, this was when he told us just before he married, as 2nd wife had money of her own and children, they would get her money we would get his.

    She had every thing and we could do nothing about it. She died and now her 2 children have got the lot.

  2. #12
    Knowledgeable and helpful
    Join Date
    May 2008
    Location
    Co. Antrim, Northern Ireland
    Posts
    627

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    Quote Originally Posted by Sandyhall View Post
    I don't understand anything about wills and probate so find this interesting.

    My dad died with out making a will although he had verbally told all 3 of us children we would have what money he had to share a 1/3 each. But we got nothing.

    He had married again after Mum had died, this was when he told us just before he married, as 2nd wife had money of her own and children, they would get her money we would get his.

    She had every thing and we could do nothing about it. She died and now her 2 children have got the lot.
    If someone dies intestate (i.e. without a valid will) the laws of intestacy kick in. As I understand it, the estate then generally goes to the spouse and anyone else dependent upon the deceased at the time of death. So, in that situation, the deceased’s adult children by a previous marriage, leading independent lives have no automatic entitlement to any part of the estate. (The law is different in Scotland, where children get one third divided between them all). So what your father told you orally were his intentions has no value if he didn’t put it in a will. Sadly.
    ELWYN

  3. #13
    Brick wall demolition expert!
    Join Date
    Sep 2005
    Location
    Lancashire
    Posts
    3,642

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    This just goes to prove that no matter how little or how much you have it is important that you make a will, and do it with a solicitor, because the law will interpret what is written not what is intended.

    I remember watching an episode of Heir Hunters where a wealthy man had died intestate, without family, but with lots of friends. However, because he had no known family the state (local authority) took over and were going to give him a pauper's funeral without a headstone because they said that they had an obligation to maximise the estate for any relatives that might be found in the next 30 years before the unclaimed estate passed into the hands of the Govt. His friends stepped and paid for a nice funeral and headstone for him.

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