dying intestate

[ancientwarrior]

Hi - cant find the forum for listing my query on intestate - I apologise if this is the incorrect place - but here is my query

 

My mother has not made a will and I have been officially granted Enduring power of attorney to look after her financial affairs.

 

If she were to die intestate - does the money asset divide equally between the deceased's direct chidren - she has two.

 

Or do you have to divide it between the direct chidren - 2, grand children - 3 and great grandchildren - 2 equally

 

regards

[Ganymede]

Hi - cant find the forum for listing my query on intestate - I apologise if this is the incorrect place - but here is my query

 

My mother has not made a will and I have been officially granted Enduring power of attorney to look after her financial affairs.

 

If she were to die intestate - does the money asset divide equally between the deceased's direct chidren - she has two.

 

Or do you have to divide it between the direct chidren - 2, grand children - 3 and great grandchildren - 2 equally

 

regards

 

 

 

I take it she is not married?

 

 

I found this for you...

 

Dying without a Will

 

The right of a person to benefit on intestacy depends on their relationship with the deceased and whether any closer relatives have survived. The general principle is that the estate is shared by the relatives in the highest category, to the exclusion of relatives in a later category but it is more complicated if there is a surviving spouse.

The spouse has priority over all other categories of beneficiaries, but may have to share the residuary estate with other beneficiaries. If the person who dies intestate has no surviving spouse or civil partner, their estate passes to the following in order:

 

• Their children, subject to the property being placed in trust but if none, to
  
• Their parents, equally if both alive, but if none to
  
• Their brothers and sisters subject to the property being placed in trust but if none to
  
• Their half brothers and sisters subject to the property being placed in trust, but if none to
  
• Their grandparents equally if more than one, but if none to
  
• Their uncles and aunts subject to the property being placed in trust, but if none to
  
• Their half uncles and aunts subject to the property being placed in trust, but if none to
  
• The Crown.
  

[ancientwarrior]

hI

Thanx for prompt response

No she is not married - my father died many years ago

We were led to believe that without a will - intestate - the monies would be equally shared between my sister and myself - her remaining children.

But others are saying that 'children' would include her grandchildren and great grandchildren and all would be given equal shares

 

are you able to advise

regards

:?

[Josie8]

The children get it.

[Ganymede]

The children get it.

 

 

Correct.

 

The estate goes equally to the surviving children and stops there.

[ancientwarrior]

Please define children :-

Do you mean her two main children oR all of the children including grandchildren and graet grandchildren

regards

[Guest Mrs Hobbit]

I am believe it is her children, not the children's children. We had to deal with something like this in the family. Father died, had two sons, his estate went to the sons, one of the grand-daughters tried to claim part of her father's inheritance. The Judge would not countenance it. Her father could not be traced so she made claim for his half. until her father has been declared legally dead, his part of the Estate is held in Trust.

[Ganymede]

Please define children :-

Do you mean her two main children oR all of the children including grandchildren and graet grandchildren

regards

 

 

Children as in her kids, you know the ones she gave birth to? You, your brothers and sisters.

 

I would have said grandchildren if that is what I meant!!

[robcag]

 

 

We were led to believe that without a will - intestate - the monies would be equally shared between my sister and myself - her remaining children.

But others are saying that 'children' would include her grandchildren and great grandchildren and all would be given equal shares

 

 

 

Hi

 

When you say remaining children, are you implying that you have brothers and/or sisters who have died?

 

If so, and they have children (i.e. your mothers grandchildren) then I believe they will be entitled to a share.

 

AFAIK, any amounts that any deceased brothers and sisters would have been entitled to (equal shares, i.e. inheritance divided by number of children), would be divided eqully between their own children (grandchildren), and so on if any of those children (grandchildren) have died with their children (great-granchildren) inheriting their share.

 

Obviously it may not be quite as straightforward as that if somewhere down the line a deceased 'benefactor' was married.

 

At least that's how I understand it due to inheriting a small amount a few years ago. ISTR there were 50-odd benefactors and my share (equal to that of my 2 brothers) was 1/42, which wasn't bad considering some people only received shares such as 1/336 or similar.

 

Cheers

Rob

[robcag]

PS

 

If you do have siblings who have died, and they did not have children, they can be disregarded as far as dividing the inheritance.

 

e.g. 2 of you survive, but you have 2 deceased siblings.

1 deceased sibling had 2 children, but the other didn't have any.

The inheritance would be divided 3 ways in the first instance, with you obviously receiving 1/3.

The deceased siblings 1/3 share would pass to his/her children with each receiving 1/2 of 1/3 i.e. 1/6 of the original sum.

 

Cheers

Rob