Wills And Inheritance

[Ric.ror]

If a husband and wife die at the same time and the wife has left a will leaving all her estate to her family - sister and kids but the man has biological children - will the children have a claim on the couples estate?
Can we presume A. The estate is all in the wife’s name and B. The estate is in joint names

[Barmaid]

In either circumstance the husband's kids could make a claim under the Inheritance (Provision for Family and Dependents) Act 1975 for reasonable financial provision. That's not to say they would be successful but they could still make a claim.

[Peter Pedant]

as a ex hospital porter can I add
that it is incredibly difficult to die at the same time

there was case law where a reesh dad and son died in an aircraft crash and judge decided that the father died first - estate duties and then the son a second later - more death duties
( so both both wills were executed in order - - and that maximaised the tax take as well)

HI Barmaid - nice to see you on this rather sunnny sunday and thanks for your answer

[AuntPG]

When we made Wills, I asked the Solicitor what would happen if we both died at the same time in a plane crash (I mean like instant death squashed sort of thing) He said that normally, in that very rare circumstance, the elder of the couple would be declared to die first for inheritance purposes. If the couples were born on the same date/same year then the male would be declared deceased first.