Intestacy - family inheritance

[Geoff_UK]

Hi,

First post - be gentle !

My wife's mother's cousin died a couple of weeks ago. She survived her late husband by approx 12 months and they had no children. They were both in their eighties, hence no parents and there are no surviving siblings. They lived in the West Midlands.

We know that there is no will, and the only relatives are my wife's mother and her sister (cousins of the deceased) and a niece from the deceased husband's side of the family.

Things are still quite raw at present, but we need to set things in motion as there was a funeral insurance plan, but not enough to fully pay for the funeral.

My question relates to, I suppose, the family hierarchy in terms of who is responsible and who inherits?

Any advice would be gratefully received

Geoff

[des8]

Re: Intestacy - family inheritance

Hi and welcome.
regarding who inherits see here:https://www.gov.uk/inherits-someone-dies-without-will

Order of priority for applying for probate:
1 Husband, wife or registered civil partner2 Children
3 Grandchildren
4 The parents
5 The brothers and sisters
6 Nieces and nephews
7 Half brothers and sisters
8 Children of half brothers and sisters.
9 Grandparents
10 Uncles and aunts
11 Cousins
12 Half uncles and aunts
13 Children of half uncles and aunts

[Geoff_UK]

Re: Intestacy - family inheritance

Thank you for such a quick reply.

Neither the husband or his recently deceased wife had a will, so everything would have passed to the wife when he passed away approx 12 months ago - I assume that's correct.

In the "priority" list you kindly posted, does the niece of the deceased husband "out rank" for want of a better description, the cousins of the recently departed surviving partner?

Many thanks

[des8]

Re: Intestacy - family inheritance

Assuming the deceased were in England or Walesand the estate of the husband was lessthan £250.000 everything would have passed to his wife.

The priority list refers to the recently deceased;s relatives.

From your questions I am thinking that when her husband passed away no one applied for probate. but it probably wasn't required anyway.

How big is the estate ? If it doesn't include real property (land) or stocks and shares probate might not be needed.

[Geoff_UK]

Re: Intestacy - family inheritance

Yes, they lived in the West Midlands (Birmingham area). No one applied for probate and there wasn't a will - my understanding was that when he passed away, everything would pass to his wife - now that she has died, the is only surviving relative from her side, are my wife' mother and my wife's mother's sister (cousins of the deceased).

The niece that I referred to was from the husbands side, and as he passed away first, she would have no legal claim over the estate. She looked after them and we want to ensure that she gets something from the estate, but legally, the responsibility for sorting out the affairs rests with my wife's mother and my wife's mother's sister?

There is a small house to sell, but unlikely to be anywhere near the £250K mark. Am I correct in assuming that there would have to be a probate application from my wife's mother (and her sister)?

Regards

[des8]

Re: Intestacy - family inheritance

To sell the house,probate will be required.
The cousins (either or both together) need to apply for probate.
Their responsibilities are to collect in the assets of the estate, advertise for creditors & then pay any debts in order of priority, and then distribute the funds to the heirs.
If the deceased was in receipt of certain benefits be prepared for DWP to comesniffing in case of any overpayment!

Assuming the two cousins are first cousins (ie descended from the deceased's grandparent) they inherit.

[Geoff_UK]

Re: Intestacy - family inheritance

many thanks for the replies - never thought of DWP - she will have been in receipt of a state pension at the very least.

As both of the surviving cousins are also in their eighties, is it acceptable for my wife and the other cousin's daughter to apply on their behalf ?

[des8]

Re: Intestacy - family inheritance

The cousins can appoint others to act on their behalf by giving them power of attorney to obtain the grant and then complete the administration on their behalf.

State pension won't be a problem.. it's things like pension credit that seem to cause problems