No Will.

[daftgrandad]

In the event of a married woman dying intestate,leaving a husband and married
son and his wife and her two grandchildren, as her only living relatives,how would her estate,if any, be shared out,once probate has been granted.

Thankyou for any replies.

[starone]

Her husband is her next-of-kin - he would inherit everything.

[excelsior-1]

unless i'm totally mistaken.
i believe that if there is no will, then the relatives get nothing - and the state can lay claim to the estate.

if i am mistaken - then i apologise. i'm sure someone with knowledge will answer this.

[starone]

Should have enlarged upon that - if there is no will there is nothing for probate to be granted for. It is automatic, I believe, unless someone like Barmaid knows better.

[Barmaid]

It depends on the value of the estate.

If the estate is worth less than £250k, the spouse gets all.

If the estate is worth more than £250k, the spouse gets first £250k, plus personal chattels. For the estate over and above £250k, the spouse has a life interest in half, the other half going to the son absolutely. The son (or his issue) inherit the widower's half on his death.

[starone]

That's very interesting barmaid. I knew you would know.

[Barmaid]

Starbuck - A Grant of Representation (colloquially known as probate) is STILL needed in intestate estates (unless estate is very small and can be dealt with under the Administration of Estates (Small Payments) Act 1965. The difference with intestacy that the Grant is known as a Grant of Letters of Administration and this confers the authority on the administrators to act. Below are the rules:-

Will with executor able to prove - Grant of Probate - this CONFIRMS the executor's authority to act
Will with no executor able to prove - Grant of Letters of Administration with Will Annexed- this CONFERS the administrator's ability to act
Intestacy - Grant of Letters of Administration - this CONFERS the administrator's ability to act

The procedure for all three is almost identical, it is just the Oath that is different.

[starone]

Thanks Barmaid, I learn a little each day. Makes me more certain to leave a Will so there will be no question of what happens. (I've already made it) I remember my cousin leaving everything to the Salvation Army to make sure his awful brothers and sisters did not get any of it!!

[Barmaid]

As good a reason as any to benefit your favourite charity.

Here's a funny story: Years ago I worked for a charity. Woman died and left the charity her whole estate. Nothing to her husband. Turns out that 50 or so years earlier when they were newly married, her mother went to stay. After a couple of fractious weeks, the hubby remarked "When's that old bag going home?". Wife remembered that comment for nigh on 50 years and cut him out her Will. lol

[tonyav]

Note to self, must be careful with what I say to the Mrs ( If it's not to late ).

[starone]

50 years to hold a grudge - incredible! Bet he had plenty of time to regret it!

[Barmaid]

Tony - get your revenge, do what one German chap (name escapes me) did. He left the entirety of his estate to his wife ON CONDITION that she remarried after his death. His rationale? "So at least one man will regret my passing"!

[tonyav]

Big LOL @ that Barmaid.

[daftgrandad]

Many thanks to all,for taking the time to reply,to my question.

[cathfromsaron]

all to husband x

[dzug2]

<<unless i'm totally mistaken.
i believe that if there is no will, then the relatives get nothing - and the state can lay claim to the estate.>>

You are almost but not quite totally mistaken - only if there are no relatives can the state lay claim