Inheritance advice please

TALON1973

TALON1973

TALON1973

Soldato
Joined
28 Jul 2004
Posts
5,010
Location
llanelli , south wales
hopefully someone can help me here ...

my girlfriends gran died recently.....as far as she knows with no will ..

the gran had 3 children ...... one of which has died .... my gf mum , who was the oldest

is my girlfriend and her sister entitled to equal share of what would have been her mothers ? or do the 2 surviving children get all teh money ?
 
i would have thought if there is no will then it just gets split between remaining next of kin
 
If there is no will, no one would be entitled to anything, it would be intestate. Likely it would go to the direct next of kin but thats what solicitors are for. Only they can answer your question.
 
I used to know, but it's been a while and I wouldn't like to give you the wrong advice. You need to look up intestacy law for the answer.
 
hmm .......online wording seems to confuse me whn i try looking it up ..

ok heres what i found :-

Grandchildren and great grandchildren

A grandchild or great grandchild cannot inherit from the estate of an intestate person unless their parent or grandparent has died before the intestate person. The grandchildren and great grandchildren will inherit equal shares of the share to which their parent or grandparent would have been entitled.

(Example box starts)Example: Abdul has two sons, Iqbal and Ismail. Ismail has one daughter, Habiba. Ismail dies when Habiba is two years old. Abdul dies intestate when she is 20. Habiba inherits Ismail's share of Abdul's estate.
(Example box ends)
 
Last edited:
SO yes, it does look like you GF is entitled to a share of the estate.

Contact a solicitor.
 
TALON1973 said:
hmm .......online wording seems to confuse me whn i try looking it up ..

ok heres what i found :-

Grandchildren and great grandchildren

A grandchild or great grandchild cannot inherit from the estate of an intestate person unless their parent or grandparent has died before the intestate person. The grandchildren and great grandchildren will inherit equal shares of the share to which their parent or grandparent would have been entitled.

(Example box starts)Example: Abdul has two sons, Iqbal and Ismail. Ismail has one daughter, Habiba. Ismail dies when Habiba is two years old. Abdul dies intestate when she is 20. Habiba inherits Ismail's share of Abdul's estate.
(Example box ends)
Click to expand...

From that example then in your gf's situation she and her sister would split between them whatever would have gone to their mother if she had been alive.

But echoing all the comments here, go and see a solicitor to sort it out :)
 
Let this be a reminder to everyone to ensure that elderley relatives leave a will, the OP's girlfriends family will now loose a fotune to some slimey lawyer to sort out a mess that could have been avoided with a £5 DIY kit.

As has been said your girlfriend will be entitled to a share but expect lots of bitching and fighting even if the sum involved is tiny, inheritence brings out the worst in people.
 
a1ex2001 said:
Let this be a reminder to everyone to ensure that elderley relatives leave a will, the OP's girlfriends family will now loose a fotune to some slimey lawyer to sort out a mess that could have been avoided with a £5 DIY kit.
Click to expand...

not strictly true as most £5 DIY wills do not have anything in them for "Per Stirpes" clause which is when each branch of the family is to receive an equal share of an estate.

When the heir in the first generation of a branch predeceased the decedent, the share that would have been given to the heir would be distributed among the heir's issues in equal shares. It may also be known as right of representation distribution, and differs from distribution per capita as members of the same generation may inherit different amounts.

It's likely that her gran, as other have said, has died "intestate" - also depends whether she was in Scotland or England as the law is different.

I presume someone has been appointed as executor or has been order to deal with her estate - find out and speak to them.
 
one of the sisters is doing it .. thankfully not the greedy one , who has a druggy bf ...

its not going to be a load anyway ... couple of k if she gets it
 
a1ex2001 said:
Let this be a reminder to everyone to ensure that elderley relatives leave a will, the OP's girlfriends family will now loose a fotune to some slimey lawyer to sort out a mess that could have been avoided with a £5 DIY kit.
Click to expand...

Don't use £5 DIY kits to draw up wills! Speak to a solicitor and have it done properly.
 
a1ex2001 said:
Let this be a reminder to everyone to ensure that elderley relatives leave a will, the OP's girlfriends family will now loose a fotune to some slimey lawyer to sort out a mess that could have been avoided with a £5 DIY kit.

As has been said your girlfriend will be entitled to a share but expect lots of bitching and fighting even if the sum involved is tiny, inheritence brings out the worst in people.
Click to expand...

What a load of crap.

1- the administrator of the estate will divide and pass on the assets according to the law of intestacy.

2- you only really rack up a huge legal bill when you start arguing about the assets. What's that mean? It means if you just let things runs it course, the solicitor aren't going to get much money. The more you fight, the more work they have to do and the more it cost you. Don't blame the lawyers for charging money when you go asking them to fight for you. Do you expect them to work for free?

3- you can still rack up a huge legal bill even if there is a will, soon as a party start to contest it. Which btw is likely if you do a DIY £5 one!!! At least if it goes to intestacy, there's not much to argue, the law is the law.
 
Last edited:
Raymond Lin said:
What a load of crap.

1- the administrator of the estate will divide and pass on the assets according to the law of intestacy.

2- you only really rack up a huge legal bill when you start arguing about the assets. What's that mean? It means if you just let things runs it course, the solicitor aren't going to get much money. The more you fight, the more work they have to do and the more it cost you. Don't blame the lawyers for charging money when you go asking them to fight for you. Do you expect them to work for free?

3- you can still rack up a huge legal bill even if there is a will, soon as a party start to contest it. Which btw is likely if you do a DIY £5 one!!! At least if it goes to intestacy, there's not much to argue, the law is the law.
Click to expand...

well if your on legal aid you dont lose your share :)
 
A will is actually really basic to write, a £5 one would probably be fine for most people without a complex estate.

There was a will where someone literally wrote "all to son" and signed his name and it was valid.
 
Strife212 said:
A will is actually really basic to write, a £5 one would probably be fine for most people without a complex estate.

There was a will where someone literally wrote "all to son" and signed his name and it was valid.
Click to expand...

if he only has 1 son then that's fine.

If he had 2 then...which son? lol
 
You must log in or register to reply here.
Back
Top Bottom