Rules Of Intestacy - Who Inherits What ????

[Gizmonster]

Okay, here's the scenario:

Mr X dies without a will. He has no partner as she passed away a while ago and everything was left to him. His deceased wife has 1 daughter.

Mr X has 2 sons, 1 daughter and 2 step daughters from a previous marriage (so 3 step daughters in total). Mr X adopted 1 of the step daughters.

Mr X has not seen the eldest son since he was about 10 years old (approx 40 years).

If Mr X was to die intestate, who would inherit what ??

Mr X seems to think the eldest son wouldn't get a penny, as they haven't seen each other, etc.

I reckon the estate would be shared equally between the 2 sons, the daughter and the adopted daughter.

Can anyone confirm this; or correct me if I'm wrong.

Mr X lives in England by the way.

[aelmpvw]

Mr X seems to think the eldest son wouldn't get a penny, as they haven't seen each other, etc.

the fact that they haven't seen each other is irrelevant

[jomifl]

Normally the distant son bumps of any possible inheritors, at least that's how it works in novels.

[kvalidir]

It would be shared equally between his two sons and adoptive daughter, no-one else would get anything. It doesn't matter who has 'seen' who. Get him to make a will.

[Gizmonster]

... that's what I've been telling him aelmpvw.
He also seems to think that the powers that be, wouldn't find out that he had another son somewhere .... I somehow don't think so !!

[New Judge]

Since he has no surviving spouse or civil partner all his assets will be shared equally between the 4 children. The fact that one of the children has not been in touch is not relevant.

[ummmm]

Why hasn't he seen the eldest son? Obviously it wasn't the choice of a 10 year old.

[kvalidir]

Oooh sorry didn't spot the other daughter. NJ is correct everything between his 3 natural children and his 1 adoptive daughter.

[New Judge]

Since he's obviously given the matter some thought why does he not just make a simple will leaving his estate to whoever he wishes?

[ToraToraTora]

here is the current intestacy flowchart:
http://old.tollers.co.uk/system/docs/194/original/Rules%20of%20Intestacy%20Flowchart.pdf

if the spouse is dead then "NO" isd implied in the first decision box.

[ToraToraTora]

so go down the right hand side and basically the son would get it.

[ToraToraTora]

....of course, as above, the judge is correct! the rules take no account of contact or lack of it between relatives.

[Peter Pedant]

Only I know that people who die intestate .... may have decided to do so.

[after the quarrelling will occur after his death and if he writes the will, the quarelling is just brought forward to his final days ]


It does seem remarkable that people make a positive decision not to make a will but if you listen to what they say before they die, it may in retrospect be obvious that is what they are planning - and I am suggesting you have just met one.

Mr X is just making it up as he goes along - do you really think he seriously believes that his long lost son if he turns up will not inherit? The opposite is a common plot in novels ( Downton Abbey etc ) - and that is a sure sign of intending to die intestate.

[Gizmonster]

Just as we thought, thanks peeps :)

We've been nagging him for aaaages to make a will. He did actually make an appt at a solicitor's, but he forgot to turn up :(

He has a VERY laid back attitude to all of this - one of his comments was if he died intestate, it would give us all something to do and he could watch over us, fighting for his money .....

[kvalidir]

Well if he doesnt care he doesn't care, it's his money and as we all know death and an estate to claim always brings out the best in everyone:)

[Prudie]

He could be pretending to be laid back and actually finds the prospect of making a will too hard to face, after all it is accepting the inevitable. Keep nagging if it's important where his money ends up.

[Peter Pedant]

// one of his comments was if he died intestate, it would give us all something to do and he could watch over us, fighting for his money .....//

my case proven my lord...

actually the case where I finally realised that the deceased had decided to die intestate, his final words were ( 8 kids and one farm )
"oo-ar - there'll be some fighting over the farm now !"

at the time I thought god what an old fool
but later ( much later about 5 y ) I realised that was The Plan.

[ToraToraTora]

"He has a VERY laid back attitude to all of this - one of his comments was if he died intestate, it would give us all something to do and he could watch over us, fighting for his money ..... " - one of the best arguments for 100% inheritance tax! That's the joy of Intestacy, there is no fighting, it's dished out according to the rules.

[dzug2]

..his long lost son if he turns up will not inherit..

Doesn't matter if he turns up or not - those administering the estate are duty bound to seek him out

[Peter Pedant]

which used to be adverts in the News of the Screws
what do they do now ?