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Rules Of Intestacy - Who Inherits What ????

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Gizmonster | 12:10 Fri 05th Sep 2014 | Law
19 Answers
Okay, here's the scenario:

Mr X dies without a will. He has no partner as she passed away a while ago and everything was left to him. His deceased wife has 1 daughter.

Mr X has 2 sons, 1 daughter and 2 step daughters from a previous marriage (so 3 step daughters in total). Mr X adopted 1 of the step daughters.

Mr X has not seen the eldest son since he was about 10 years old (approx 40 years).

If Mr X was to die intestate, who would inherit what ??

Mr X seems to think the eldest son wouldn't get a penny, as they haven't seen each other, etc.

I reckon the estate would be shared equally between the 2 sons, the daughter and the adopted daughter.

Can anyone confirm this; or correct me if I'm wrong.

Mr X lives in England by the way.

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Since he has no surviving spouse or civil partner all his assets will be shared equally between the 4 children. The fact that one of the children has not been in touch is not relevant.
12:17 Fri 05th Sep 2014
Mr X seems to think the eldest son wouldn't get a penny, as they haven't seen each other, etc.

the fact that they haven't seen each other is irrelevant
Normally the distant son bumps of any possible inheritors, at least that's how it works in novels.
It would be shared equally between his two sons and adoptive daughter, no-one else would get anything. It doesn't matter who has 'seen' who. Get him to make a will.
Question Author
... that's what I've been telling him aelmpvw.
He also seems to think that the powers that be, wouldn't find out that he had another son somewhere .... I somehow don't think so !!
Since he has no surviving spouse or civil partner all his assets will be shared equally between the 4 children. The fact that one of the children has not been in touch is not relevant.
Why hasn't he seen the eldest son? Obviously it wasn't the choice of a 10 year old.
Oooh sorry didn't spot the other daughter. NJ is correct everything between his 3 natural children and his 1 adoptive daughter.
Since he's obviously given the matter some thought why does he not just make a simple will leaving his estate to whoever he wishes?
here is the current intestacy flowchart:
http://old.tollers.co.uk/system/docs/194/original/Rules%20of%20Intestacy%20Flowchart.pdf

if the spouse is dead then "NO" isd implied in the first decision box.
so go down the right hand side and basically the son would get it.
....of course, as above, the judge is correct! the rules take no account of contact or lack of it between relatives.
Only I know that people who die intestate .... may have decided to do so.

[after the quarrelling will occur after his death and if he writes the will, the quarelling is just brought forward to his final days ]


It does seem remarkable that people make a positive decision not to make a will but if you listen to what they say before they die, it may in retrospect be obvious that is what they are planning - and I am suggesting you have just met one.

Mr X is just making it up as he goes along - do you really think he seriously believes that his long lost son if he turns up will not inherit? The opposite is a common plot in novels ( Downton Abbey etc ) - and that is a sure sign of intending to die intestate.
Question Author
Just as we thought, thanks peeps :)

We've been nagging him for aaaages to make a will. He did actually make an appt at a solicitor's, but he forgot to turn up :(

He has a VERY laid back attitude to all of this - one of his comments was if he died intestate, it would give us all something to do and he could watch over us, fighting for his money .....
Well if he doesnt care he doesn't care, it's his money and as we all know death and an estate to claim always brings out the best in everyone:)
He could be pretending to be laid back and actually finds the prospect of making a will too hard to face, after all it is accepting the inevitable. Keep nagging if it's important where his money ends up.
// one of his comments was if he died intestate, it would give us all something to do and he could watch over us, fighting for his money .....//

my case proven my lord...

actually the case where I finally realised that the deceased had decided to die intestate, his final words were ( 8 kids and one farm )
"oo-ar - there'll be some fighting over the farm now !"

at the time I thought god what an old fool
but later ( much later about 5 y ) I realised that was The Plan.
"He has a VERY laid back attitude to all of this - one of his comments was if he died intestate, it would give us all something to do and he could watch over us, fighting for his money ..... " - one of the best arguments for 100% inheritance tax! That's the joy of Intestacy, there is no fighting, it's dished out according to the rules.
..his long lost son if he turns up will not inherit..

Doesn't matter if he turns up or not - those administering the estate are duty bound to seek him out
which used to be adverts in the News of the Screws
what do they do now ?

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