Action For Children Quiz Winter 2024 C/D...
Quizzes & Puzzles1 min ago
Inheritance By A Minor Child
I wonder if anyone can give me a bit of advice here. We have some friends, who lost their daughter in tragic circumstances. They have not yet had an inquest, so do not know if they will designate the death accidental, misadventure, or suicide. It was a prescribed medication overdose.
Sadly, she had a son of 15 years old, who will inherit when he is old enough. Even worse, his father is estranged from his mother, the relationship between the father and the rest of the family is appalling. Nevertheless, he has parental responsibility, so has to take care of his son. The son does not like his father and new family and doesn't want to be there, but has no alternative. Due to the father having parental responsibility he is the one with the legal right to administer the estate, for which there was no will. The family of the deceased have offered their assistance with everything, but have been turned down, and there is barely any communication between them at all.
The mothers family try very hard to maintain contact with her son, and he tells them that the house that his mother owned, and where he was happy, will be sold by his father when the estate is finalised. He, and they know that all the money raised will be placed in trust for him until he's 18. But he wants the house to be kept so that he can live in it when he inherits the estate in his own name. The father refuses outright and insists that he is going to sell the house once he has got administration for the estate.
This is the background. My question is, does the son get any say, even though he is not of age as to what happens to his mothers property. And if he does, how does he go about it. I am assuming that he is not able to engage a solicitor on his own behalf due to his age. My suggestion was for the closest relative to the mother (her father), engage a solicitor, but obviously there is always a cost involved, and I said I would try to make some enquiries whether there is anything legally that can be done to prevent the sale of this property. If the son were a young child, then it would make sense to sell it and put the money into trust. But he will be 18 in 2 and a half years, and absolutely wants to return to live in the house once he's old enough. There will be no mortgage for him to have to support, as the house is paid for.
They have tried to make representation to the father on his behalf, but the relationship has broken down to such an extent that this is almost now a waste of time. It's all so very sad, and there is a 15 year old who has lost his mother, and looks like he won't be able to hold onto the house where he spent his happiest years.
Sadly, she had a son of 15 years old, who will inherit when he is old enough. Even worse, his father is estranged from his mother, the relationship between the father and the rest of the family is appalling. Nevertheless, he has parental responsibility, so has to take care of his son. The son does not like his father and new family and doesn't want to be there, but has no alternative. Due to the father having parental responsibility he is the one with the legal right to administer the estate, for which there was no will. The family of the deceased have offered their assistance with everything, but have been turned down, and there is barely any communication between them at all.
The mothers family try very hard to maintain contact with her son, and he tells them that the house that his mother owned, and where he was happy, will be sold by his father when the estate is finalised. He, and they know that all the money raised will be placed in trust for him until he's 18. But he wants the house to be kept so that he can live in it when he inherits the estate in his own name. The father refuses outright and insists that he is going to sell the house once he has got administration for the estate.
This is the background. My question is, does the son get any say, even though he is not of age as to what happens to his mothers property. And if he does, how does he go about it. I am assuming that he is not able to engage a solicitor on his own behalf due to his age. My suggestion was for the closest relative to the mother (her father), engage a solicitor, but obviously there is always a cost involved, and I said I would try to make some enquiries whether there is anything legally that can be done to prevent the sale of this property. If the son were a young child, then it would make sense to sell it and put the money into trust. But he will be 18 in 2 and a half years, and absolutely wants to return to live in the house once he's old enough. There will be no mortgage for him to have to support, as the house is paid for.
They have tried to make representation to the father on his behalf, but the relationship has broken down to such an extent that this is almost now a waste of time. It's all so very sad, and there is a 15 year old who has lost his mother, and looks like he won't be able to hold onto the house where he spent his happiest years.
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I’m not sure if follows that because the father has parental responsibility, he has the right to administer the estate. Some seemingly good advice here:
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There is no inheritance tax to pay as the estate wasn’t worth enough. The father of the deceased went to a solicitor initially expecting to be able to administer the estate to be told he didn’t have the right to, as the beneficiary under intestacy law is a minor, the person with parental responsibility had the right to do so.
The father has insisted he will be the one to do this. The parents of the child were divorced. But had joint parental responsibility.
The father has insisted he will be the one to do this. The parents of the child were divorced. But had joint parental responsibility.
I am led to believe that he wants to leave his fathers home as soon as he’s 16 and cannot be forced to return. Unless he’s in danger. The estate will take some time to sort anyway as there has to be an inquest. The insurances won’t pay out yet as there is a small chance it might be determined the death was suicide. By the time it’s sorted he’ll probably be 16 by then.
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