My partner murdered his dad!

[Sarahann2007]

Hi,

My partner murdered his dad and his dads house has gone into probate, however they have said that my partner cannot inherit from the estate (which is understandable). However he has two small children who I feel should benefit from the estate as they haven’t done anything and as their dad can’t inherited it should bypass him and go to the kids? Is this possible? Or does anyone have any advise?
Thank you!

[echat11]

Hi SARAHANN

I'm so sorry that this has happened and you find yourself in this situation.

I'm sure members may have the knowledge.

[des8]

You have my sympathy for what must be a terrible situation to be in.

Under the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 if a person loses his or her right to inheritance under the forfeiture rule (which prevents an offender such as your partner from inheriting following their crime) they are treated as having died immediately prior to the deceased for the purposes of inheritance.

In this way, his innocent children are still able to inherit from their grandfather

[Sarahann2007]

des8
hi,

Thank you for your comments.

how do I go about putting the two children forward in inherit?

I have no idea what I’m meant to do.

I don’t want a penny, but it would help two small children.

Thank you

[des8]

Do you know who is dealing with the deceased's estate?
You need to inform that person of your childrens' interest, and they should put the money into a trust until your children come of age.

Do you know if the deceased's estate will require probate? (in other words how much was he worth and is there a house involved?)
Are there other potential heirs (eg wife, other children?)

[Sarahann2007]

des8

there were 6 children but not 5 as one can’t inherit, I can find out who is dealing with the estate.

His house needs to be sold which is about £500k.

thanks

[Sarahann2007]

Now*

[des8]

So the executor will need probate to deal with the sale of the house.
You can lodge a standing search with probate registry so you will be informed when it is granted.
Cost £3 and instructions here: https://www.gov.uk/search-will-probate

[Sarahann2007]

Hi, I spoke to the family and they said the probate said that this is not the case and the kids can’t inherit. I don’t even know what to do. Thanks

[des8]

This is going to get problematic.
Firstly the staff at Probate registry are not legally trained and should not be giving out legal advice.
Secondly consult a solicitor who specialises in contentious litigation.
You should be able to obtain at least a fixed fee (if not free) single consultation to see what your best options are.

Best wishes to you and your children