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Mum died without a will

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  • Mum died without a will

    My Aunt asked my mother if anything happened to her that my mother would take care of him my Cousin after his mother's death when he was 6 months old he came to live with us I am not a 100% sure he was ever adopted he was a real handful and was always getting into bother, stealing breaking windows steak from 50p electric meter when he was caught the police did nothing because he was under social services ni and got away with it he left home and went to England to live over 35 years ago he always referred to my Mum & Dad as Aunt & Uncle which really annoyed them he really became estranged to the family only contacting them when he needs something my Father passed away in 2007 and Mother have passed away in 24th Oct pass without a will so I think the question is is he entitled to any of their small estate which is the family home which my sister bought through the northern Ireland Housing executive at a great discount as are parents had paid some 40 years rent so my sister owns half the house and now my Mums half is part of her easte so my mum’s half should be divvied to me and my sister does my estranged cousin if not been legally adopted have a claim of 3rd of my mother’s half of the house


    Thanks in Advance
    Tags: None

  • #2
    Hi There - did find it difficult to read . Google 'Law on intestacy' and see where this chap fits in. Unsure if this is in England and Wales or outside those 2 jurisdictions.

    Comment


    • #3
      Hi Primaxuk,
      Under eng/wales law Children are only those biological children or legally adopted children. Step children and children adopted out of a family are not included.
      Did your mum still financially support your cousin on a regular basis eg monthly? If she did then he may be entitled to make a claim against the estate but this would have to be done within 6 mths of obtaining the grant.
      if he was never legally adopted by your mum then he would not receive anything under the intestacy rules.
      this link may help:- https://www.gov.uk/inherits-someone-dies-without-will
      I am a qualified solicitor and 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


      • #4
        Hi Thanks this Northern Ireland law
        Kind Regards Primaxuk*

        Comment


        • #5
          The rules in NI are much the same as England/Wales
          ie you and your sister inherit.
          If your cousin was dependent on your mother he might be able to make a claim under*the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979

          Comment


          • #6
            Originally posted by des8 View Post
            The rules in NI are much the same as England/Wales
            ie you and your sister inherit.
            If your cousin was dependent on your mother he might be able to make a claim underthe Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979
            Hi it turns out that is was adopted but when he left and moved to England my Parents did not**financially support him hope this a bit more to the jigsaw

            Thanks Primaxuk

            *

            Comment

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