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General => The Common Room => Topic started by: Familysearch on Tuesday 24 July 18 15:42 BST (UK)
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Firstly, apologies if this comes up twice. Something strange just happened with my computer!
Having watched a recent Heir Hunters programme, I realised that a stepson was not entitled to inherit the estate of his stepfather under the intestacy rules.
Just wondered what would happen in this scenario?
A man has two children by his first wife.
Each of these sons has a child, Joan and Andrew - making them cousins.
Grandfather (also Andrew) remarries after the death of his first wife, and they have a child, who in turn marries and has a son, John - making him a half cousin of the other two.
Do the full cousins have a stronger claim under intestacy, or are they considered equals. For example, if Andrew died without making a will, would the other two, even though not being full cousins, have equal shares of any estate left by Andrew?
thanks
FS
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Use this Q & A link and it tells you who inherits depending on the scenario you put in
https://www.gov.uk/inherits-someone-dies-without-will
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Each of the children you mention are direct descendants of Andrew i.e. they should each be entitled to the same which would not incorporate the 'cousins' link but the link to Andrew if I'm reading the question correctly?
Annie
Crossed posts, typing my reply when David posted!
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I saw the heir hunters episode where the stepson didn't inherit, instead the legacy going to distant blood relatives. It just shows the importance of making a will.
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Thanks for your replies. I can see that each would inherit from the Grandfather.
May I add another scenario, which as far as I can see is not covered on the government website. If Joan dies, would her cousin, Andrew, and half-cousin, John inherit equally?
FS
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The Citizens Advice website explains in great detail.
https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/
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It just shows the importance of making a will.
I knew someone who lived with a woman who had previously been married & had kids to the marriage.
This man had his own business, worked hard, earned a lot of £s, paid off her mortgage etc.
The woman wanted for nothing, the man cared for her in her latter yrs & her children rarely gave him any help (respite)/time to himself to chill as he looked after her 24/7.
Her will (not sure when it was written) but she'd never changed it & the man she lived with who paid everything was left homeless when she passed as it went to her children!
He had no proof of paying off her mortgage etc. & was left basically with what he stood in!
Very, very sad indeed!
Annie
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Familysearch
no only the full blood cousin would inherit not the 1/2 blood
but don't for get Joan's mothers (or fathers) family
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Thank you all for your replies.
The more I watch the Heir Hunters the more fascinating family history becomes! (Although I don't particularly like Michael Buerk's presentation of the programme) I watched one on iPlayer from this week's showing, where a will was found after a lot of hard work. I notice that they always say that the choices of the deceased are always respected. Well, that is not always the case. I know of a perfectly fair will that was challenged by the widow of the deceased, and she basically got the lot, leaving adult children with a very little share.
FamilySearch
ps. I don't expect anyone to come knocking on my door with an unexpected inheritance. As far as I know, everyone is accounted for - including the situation mentioned in my posting!
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Thank you all for your replies.
The more I watch the Heir Hunters the more fascinating family history becomes! (Although I don't particularly like Michael Buerk's presentation of the programme) I watched one on iPlayer from this week's showing, where a will was found after a lot of hard work. I notice that they always say that the choices of the deceased are always respected. Well, that is not always the case. I know of a perfectly fair will that was challenged by the widow of the deceased, and she basically got the lot, leaving adult children with a very little share.
FamilySearch
ps. I don't expect anyone to come knocking on my door with an unexpected inheritance. As far as I know, everyone is accounted for - including the situation mentioned in my posting!
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You may one day get a surprise, as my husband and his brother did. A distant relative of their father died childless and intestate. Diligent solicitors traced the legal heirs and cheques for £1000 came through the post to each of them. We had moved house several times by then, so how they traced us I don't know, but it was a very welcome surprise. We had never even heard of our benefactor!
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My grandfather was a beneficiary in his brother's will (my great uncle). However, he died before his brother. My Great Uncle assumed that as my Grandmother was my Grandad's next of kin and beneficiary of his will, that she would inherit his share. It was only when he went to add a codicil to his will, regarding funeral arrangements, that his solicitor told him he needed to update his will, as one of the main beneficiaries was now deceased. As my Grandmother was not a blood relative, she was not entitled to anything. He changed his will, specifically naming my Grandmother. Not sure whether Grandad's share would have gone back "in the pot" as it were, or if his children would inherit.
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It would have gone back in the pot, unless the will stated otherwise.
I have a will where several beneficiaries had pre deceased the the deceased, only where it was stated their children should inherit did the children receive the parents share, the shares of the others reverted to the estate. I know this is correct as I inherited my mother's share, but others missed out.
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Thanks Jebber. I did think that was the case but wasn't 100% certain and didn't want to give incorrect info.
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All this talk about wills reminds me of my late brother and prompts me to remind people of something very important.
My big brother (BB) and his wife of 30 years separated (aside: he should not have waited 30 days to get rid of her!). He eventually met a young lady - 25 years difference in age! - and then had to wait for nearly 5 years as his wife kept NOT signing the divorce papers, despite the courts putting everything through with a lot in her favour. However, as soon as BB really settled in with his (later) wife and she fell pregnant, he made a will that was watertight against wifey no. 1 claiming his Military Pension (which she had threatened). Child was born and, 6 years later, no. 2 joined them. They were deliriously happy. One week after No. 2's 6th birthday and the day before Father's Day, BB died suddenly, such a shock to all concerned as he had not been ill. And here comes the problem. BB did not know (still surprises me) and no-one told him that, on his marriage, his will was null and void and he should have made a new one - even if it was exactly the same. Fortunately, my SIL had a very good lawyer but it still took around 3 months for the courts to acknowledge that the intention was there that she should inherit. Fortunately, the current account was in joint names so that automatically transferred to her; however, as her first child was seriously challenged, she was unable to work and for that time she was only receiving government allowances for herself and the children. As usual, the insurance companies took their time - and one of the holiday insurance companies (they were due to go 6 weeks later) kept asking for more and more documentation until she got lawyers to demand it for her.
So here is the warning: if you have a will and you enter into a new marriage, that will is INVALID. Having seen the stress that SIL was under on top of grieving and ensuring the children were well (in fact, as with my other SIL, it is apparent that widowed parents of young children do not have an opportunity to grieve properly until their children have gone through the process and 'come out the other end'), I beg you to tell anyone who might be affected in this way to do the right thing. One never knows what will happen.
And to my two beautiful BBs, still miss you so - RIP.
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