I've recently found out that my partner's family didn't follow the correct "distribution" law when it came to dealing with his late parent's estate. The parent died without a will and a recent post on here about probate law mentioned that you can't do certain things in certain jurisdictions (think Span, Italy, etc where you cannot disinherit children), so I checked what should have happened in that case.. and it so clearly, blatantly wasn't done. It's akin to the law saying "a third of the cash/investment assets should go to children" (it's that clear) and basically all of it was taken by the very new spouse of the deceased.
I don't know whether to mention this to my partner because it will drag up old pain, but it seems incredible that the law says 1 thing and another thing happened because the executors just went ahead and did it. I'm not even aware of how much would be involved, but i am pretty shocked that there's very little oversight on this, and people can just go ahead and do "what's right" (according to them!) rather than what the law or a will says.
I've had a similar thing happen in my own family once before, years ago (my gran's house was basically emptied of all furniture and cash in the week after her death by one of her estranged sons and his neighbour, before any close relatives could travel back and sort funeral arrangements, never mind start thinking about a will). but i'd thought it was a one-off bad incident that was never challenged.
AIBU to now think that the way probate/wills/inheritance works needs more oversight/accountability?
as a layman i can't understand how this can come to pass, nor how we could challenge this latest example (if i do decide to mention it to my partner).
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AIBU?
to think probate law/processes need an urgent overhaul?
37 replies
gemlinmae · 07/03/2019 16:32
OP posts:
FrancisCrawford ·
08/03/2019 08:09
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Message withdrawn at poster's request.
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