Last will and testement Question??? Any law people on here??
#1
Last will and testement Question??? Any law people on here??
My step daughters father died in may of cancer.. she is only 9yr old.. how do you find out if he did a will without asking the family??? nothin seems to make sense, the poor little girl has been given a grand by her step mother yet she is riding around in her new car spending like there's no tomorrow.. she says there was no will made between her and the deceased father, if this is the case then the estate should have been shared equally between his widow and the daughter.. yet she only got given a grand an she's running around in her brand new ford focus and she don't work.. but if they didn't do a will, then the will my misses did when they where married will still be legally binding. although my misses won't get nothing because she's divorced, the daughter will be sole heir to his estate.
Its not that WE want the money, my step daughter is a changed person since his death and has to go for councilling to help her deal with it.. and she misses him dearly.. I want her to have a nice little nest egg for when she grows up to compensate her in some way for losing her father. someone please help me..
This is little rosie a month after his death, she is distraught over it.. holding our little baby, she looks so sad even when she's sleeping bless her
Its not that WE want the money, my step daughter is a changed person since his death and has to go for councilling to help her deal with it.. and she misses him dearly.. I want her to have a nice little nest egg for when she grows up to compensate her in some way for losing her father. someone please help me..
This is little rosie a month after his death, she is distraught over it.. holding our little baby, she looks so sad even when she's sleeping bless her
Last edited by 24vcossiemat; 27-12-2009 at 12:38 PM.
#2
Hi mate, are you the member of a union? Or does your work offer a legal-advise service? My union, BECTU, offers a legal service through Thompsons who seem very good. May be worth giving them a ring if nobody on here can help...
Chris
Chris
#4
Not correct;
Who will inherit the deceased's estate?
If there is no will, there are rules for deciding who will inherit the estate. It depends on the deceased's personal circumstances.
The amounts shown below are appropriate in Northern Ireland for deaths on or after 1 January 2008.
If the deceased was married or in a civil partnership with an estate worth Ł250,000 or less
Everything goes to the husband, wife or civil partner.
If the deceased was married or in a civil partnership with an estate worth over Ł250,000
The husband, wife or civil partner won't automatically get everything although they will receive:
- personal items, such as household articles and cars, but nothing used for business purposes
- Ł250,000 free of tax (Ł450,000 if there are no children) and the interest thereon
- if one child, one-half share of any residue remaining, or if more than one child, one-third share of any residue remaining
- children (or if none, grandchildren) will get an equal share
- if there are no children or grandchildren, surviving parents will get a share
- if there are no children, grandchildren or surviving parents, any brothers and sisters will get a share (or their children if they died while the deceased was still alive)
- if the deceased has none of the above, the husband, wife or registered civil partner will get everything
http://www.nidirect.gov.uk/index/gov...is-no-will.htm
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Last edited by focusv8; 27-12-2009 at 01:30 PM.
#5
Surley if the young girl was left some of the estate it will remain with the solicitors till the girl is traced, meaning the mother can not go spending what is not hers. The likely out come is there was no will and shes just spending what was left in a joint account etc and gave her a grand for maybe feeling a tad guility as she has a few bob to her name now.
Just my theory as i have no knowledge of wills at all.
The post above seems to have cleared it up.
Just my theory as i have no knowledge of wills at all.
The post above seems to have cleared it up.
Last edited by john; 27-12-2009 at 01:33 PM.
#6
Not correct;
If you die without a Will you are said to have died "intestate". In Scotland the law relating to the succession to an intestate estate is governed by the Succession (Scotland) Act 1964. This Act sets out a number of rules and formulas for working out who inherits a deceased's estate. In terms of this Act, a surviving spouse or civil partner is entitled to what are known as "Prior Rights" in the estate. These Prior Rights are a claim to the main residence to a maximum value of Ł300,000, the house contents to a value of Ł24,000 and a cash sum. The value of the cash sum varies depending on whether the deceased is survived by children or not - Ł42,000 where there is a child or children and Ł75,000 when there are none.
http://www.mddc.co.uk/will.html
.
If you die without a Will you are said to have died "intestate". In Scotland the law relating to the succession to an intestate estate is governed by the Succession (Scotland) Act 1964. This Act sets out a number of rules and formulas for working out who inherits a deceased's estate. In terms of this Act, a surviving spouse or civil partner is entitled to what are known as "Prior Rights" in the estate. These Prior Rights are a claim to the main residence to a maximum value of Ł300,000, the house contents to a value of Ł24,000 and a cash sum. The value of the cash sum varies depending on whether the deceased is survived by children or not - Ł42,000 where there is a child or children and Ł75,000 when there are none.
http://www.mddc.co.uk/will.html
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#9
If the estate is worth over Ł250,000 she should get something.
He was married again so any joint will with a previous wife wouldn't apply.
The problem is YOU will have to find a will if there is one before she spends all the money.
Any idea if he had a solicitor for business, house purchase etc?
.
He was married again so any joint will with a previous wife wouldn't apply.
The problem is YOU will have to find a will if there is one before she spends all the money.
Any idea if he had a solicitor for business, house purchase etc?
.
#10
If the estate is worth over Ł250,000 she should get something.
He was married again so any joint will with a previous wife wouldn't apply.
The problem is YOU will have to find a will if there is one before she spends all the money.
Any idea if he had a solicitor for business, house purchase etc?
.
He was married again so any joint will with a previous wife wouldn't apply.
The problem is YOU will have to find a will if there is one before she spends all the money.
Any idea if he had a solicitor for business, house purchase etc?
.
#11
If the estate is worth over Ł250,000 she should get something.
He was married again so any joint will with a previous wife wouldn't apply.
The problem is YOU will have to find a will if there is one before she spends all the money.
Any idea if he had a solicitor for business, house purchase etc?
.
He was married again so any joint will with a previous wife wouldn't apply.
The problem is YOU will have to find a will if there is one before she spends all the money.
Any idea if he had a solicitor for business, house purchase etc?
.
#14
#15
Check with the solicitor that did the Will with your misses.
Wills go through Probate when they are Executed.
As far as I know a Will isn't registered anywhere centrally.
I did mine years ago and no-one mentioned a register.
.
Wills go through Probate when they are Executed.
As far as I know a Will isn't registered anywhere centrally.
I did mine years ago and no-one mentioned a register.
.
#16
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