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Tired upset and in need of some help

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  • Tired upset and in need of some help

    Good afternoon all who is reading.

    First of all me and my partner would like to say hello to the forum.

    We stumbled across this forum while searching for some information on Google.

    I would like to ask some questions regarding a will and what's laws apply.

    I will try my best to make it short and easy to understand.

    So my partner Kate 33 recieved some bad news about her father who passed away In his sleep on 8th of September 2018.
    Rob was only 62 and full of life.
    He passed away in his sleep peacefully from a heart problem.

    As it would to any child and family member it came as a complete shock.

    My partner Kate is devasted. Her dads funeral is on 24th of September 2018.

    While kate is dealing with the sudden loss of her dad she gets a call to say her nan has died suddenly on 20th September 2018. If one death wasn't enough to deal with now we have two to deal with in such a short time.

    Kate's nan who died was Kate's dad's mum.

    Now this is where it's got complicated.

    Kate's dad was a very hard working man who provided for his family and became very successful.

    He covered all his assets with a in depth transpariant will to which he left a equal share towards his second wife and children. 2 children from first marriage 2 children from second marriage.

    That's the part which is ok and no problems.

    The part which is complicated is.. Kate's dad Rob was a only child and his mum's estate is left to him and him only. The problem is now, who is in charge of the estate now her dad has passed away.

    the estate is worth around 400k
    savings of 100k

    This is not something we even want to speak about or even have thoughts about while we are dealing with the emotional pain from loosing Rob but other family members have been in the house the very next day and are trying to make rules.

    We would love some help or guidance if someone could help.
    It's just so we have some idea of what to say when we all meet for a talk.

    We will instruct a solicitor in a few weeks once the important part of laying Rob to rest is taken care of.

    Thank you all in advance

    Jon and Kate x


    Tags: None

  • #2
    to LB

    I'll tag Peridot to help you ... she should be able to guide you xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

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    • #3
      I'm so sorry to hear of the loss your wife, and you, have experienced. It will be a difficult time for you all. Sadly grief does funny things to people particularly when it comes to sorting out the estate so you are right in wanting to be prepared in case matters arise in discussions while sorting out the properties and belongings.

      Do you have a copy of Rob's mum's will at all? There may be a clause about succession.

      What happens will be dependent on the wording of his mums will regarding the residual beneficiary ( Rob) surviving her, if it is silent on the matter then I believe the gift lapses and his mums estate passes directly to his four children equally shared, or else ( again depending on the wording ) his mums estate passes into his estate and is shared as per his will.

      Peridot will be able to help further on Monday ( if not before ) however if you do have the wording from the will it would assist her.
      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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      Comment


      • #4
        Hi JonandKate,

        So sorry to hear about your Wife's situation. Upsetting for both of you. I'm afraid without the wording from the Will it is difficult to say what the likely outcome will be.

        This is the 'legal' position if there is no wording in the Will which would mean the gift went elsewhere according to the Wil wording. Apologies it is a bit lawyerly but may help you understand the position if there is nothing else in the Will:-

        If an intended beneficiary predeceases the testator, the gift to them lapses and does not take effect. The Will may require the beneficiary to survive the testator for a specified period of time. On an intestacy the statutory requirement is that the surviving spouse or civil partner must survive the deceased by 28 days. A gift to children or remoter issue of the deceased may be saved by
        section 33(1)
        of the Wills Act 1837 (
        WA 1837
        ), subject to contrary intention in the Will. The intestacy rules make a similar provision.

        Depending on the Will this may be a full intestacy situation or a partial intestacy, if for example there are other beneficiaries including your wife's father. If that is the case the only part of the estate that will be distributed under the Intestacy rules will be the part that your wife's father would have inherited.

        So depending on the provisions of the Will if there is no alternative beneficiary to your wife's father then the intestacy rules will take effect and the estate will be distributed accordingly. You will find an explanation of the intestacy rules here:-
        https://www.citizensadvice.org.uk/fa...-of-intestacy/

        I hope this helps and that today goes as well as can be expected for you all.
        I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment

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