Advice

[Sparkielev]

Hi am seeking advice on a bereavement, my closest friend recently passed away without a will, he owned his property outright he wanted all his assets to go to his niece who is autistic, he has family and they don't have a issue with this, the problem I see is he has a daughter of around 30yrs of age who had no contact whatsoever with him mainly due to the mother, I'm not sure if his name is on the birth certificate, does she have a legal right to his possessions?

[des8]

Sorry to hear of your loss.

As he died intestate there is a strict order of inheritance.(see here: https://www.thegazette.co.uk/wills-a...content/103523)
You mention "family" but in no detail so difficult to advise what the exact position is.
It is possible for one or all the beneficiaries to vary the way the provisions operate.
The agreement is needed of each individual beneficiary affected by the variation.

As your friend died intestate there is a strict order of persons entitled to apply for a grant of letters of administration

1. The married partner or civil partner of the person who has died
2. The child (or children) of the person who has died (or grandchildren if the child is predeceased)
3. The parent of the person who has died
4. The brother or sister of the person who has died (or their children if they have predeceased)
5. The half-brother or half-sister of the person who has died (or their children if they have predeceased)
6. The grandparents of the person who has died
7. Aunts and uncles of the person who has died (or their children if they have predeceased)
8. Half aunts and uncles of the person who has died (or their children if they have predeceased)
9. The Crown

[Sparkielev]

Thank you for your reply, he has 4 brothers and 4 sisters, so you saying the daughter will get everything, she not seen or been in touch with him since she was a baby, she will be around 30 now

[des8]

I didn't write the rules, but it is a good example of why one should make a will!

If the deceased lived in England or Wales, had no surviving wife or civil partner then the estate is shared equally between surviving children or (if they are dead) their children.

You seem unsure if the daughter is actually his descendent... that will be for her to prove.

As there was no contact between the deceased and his daughter, perhaps she will be amenable to sharing or even foregoing her inheritance in favour of her cousin

[Sparkielev]

He was relatively young 55 and was in the process of making a will, he wasn't ill, so it has all come as a shock, I understand his daughter being sole beneficiary, it just doesn't seem right as it wasn't his choice not to have contact I was hoping there would be some loophole but it looks like she will get everything thanks for your help