Rules of Intestacy

[Guest]

I’m new to this forum. This is my first post. Sorry for the ‘epic’.

My son died intestate leaving no children. His surviving partner has no automatic right to inherit, as they never registered a Civil Partnership. His parents (myself and my ex, both in our seventies) therefore inherit his estate.

It is my wish that my son’s property (solely-owned and mortgage-free) pass to his partner. I’ve written to my ex for her views which I imagine are similar to mine, but have not received a reply.*

Since my son’s death, his sibling and family have expressed an interest in inheriting his property, with a view passing it on to my son’s partner ‘at a cost’. The sibling’s spouse has suggested what can only be described as an ‘eviction notice with a paltry sweetener’. I have strongly expressed my feelings of distaste on this bullying proposition.*

I’m concerned that my ex might be persuaded to agree with the above, but clearly it cannot go ahead without me and my ex renouncing our interest.*

I’m the only one who has applied for Grant of Probate and ideally would like to ‘go-it-alone’, and solely administer the estate. My concern however is that as I have stated on the probate forms that there are TWO parents living, I may be barred from proceeding ‘alone’.

I’d be most grateful if someone could give me their thoughts/views on this matter.

Many thanks.
*

[ostell]

The partner could apply to the courts for the right to live in the house as she was dependant on your son. There is a name for this which I can't rememebr but others will no doubt add the info.

I have a feeling that the sibling can do nothing as it goes to you and your ex, yet again others will confirm

[des8]

Your son's partner could make a claim under the Inheritance (provision for family and dependants) act 1975.

You (and your ex) as beneficiaries (either together or individually) could sign a deed of variation making your legacies over to the ex
There is some guidance here https://www.thegazette.co.uk/all-notices/content/101535

His siblings have no authority.
They would need to make a claim under the inheritance act, but that is not a guaranteed win for them.