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Who inherits what, no will, no letters of administration

(28 Posts)
mumma24 Wed 25-Jan-17 21:09:42

My father in law sadly passed away recently. No will. He was in a nursing home and the only assets he had was £20,000 in the bank. My husband had power of attorney so access to the account. He went to the bank today to apply for letters of administration but the bank said he doesn't need this as amount is small. The bank closed the account and have transferred the money into his account. Can he decide how to distribute this money? and how much to give? He has no siblings ( his sister died years ago) but she has 2 children. We have 4 children. So are all the 6 grandchildren entitled so an equal share?

DoWop2 Wed 25-Jan-17 21:10:58

No, none of them are entitled to any of it. You husband is the sole heir assuming there wasn't a spouse. You can give it as a gesture of goodwill but DH is the heir.

ImperialBlether Wed 25-Jan-17 21:13:03

Well, if he'd written a Will, presumably he would've left half to your husband and half to his sister.

That would mean that his sister's children would have £5,000 each and your DH would have £10,000.

I think that's the fair thing to do.

Cartright Wed 25-Jan-17 21:13:18

I am not a lawyer but the laws of intestacy will apply.

DoWop2 Wed 25-Jan-17 21:14:38

I have just realised something, you are probably in England and the rules of intestacy are slightly different to when I dealt with it. Sorry, ignore my earlier post, it is most probably wrong. I forgot I was on MN!

Cherylene Wed 25-Jan-17 21:14:51

Get the Which? book of Wills and Probate out of the library. It has lots of clear advice.

It may be that he is entitled to a half share, and the children of his deceased sister entitled to an equal share of their late mother's half.

It is a while since I had anything to do with this sort of thing - hopefully one of the family law people will come along with the right answer meantime.

ImperialBlether Wed 25-Jan-17 21:14:58

Yes, just checked that. If you are in England, this applies:

The estate is shared equally between the children or their descendants.
If a son or daughter has already died, their children (the grandchildren of the deceased) inherit in their place.

ImperialBlether Wed 25-Jan-17 21:16:09

Which country are you in, DoWop?

Brown76 Wed 25-Jan-17 21:18:07

Your husband gets half, his sisters children get the other half.

Idrinkandiknowstuff Wed 25-Jan-17 21:20:54

My understanding is your DH would get half, and his sisters DC share the other half.

Disclaimer, I'm no solicitor, just dealt with three intestate estates.

AstrantiaMajor Wed 25-Jan-17 21:22:05

I agree £10,000 to your DH and £5000 each to his sisters children.

mumma24 Wed 25-Jan-17 21:22:19

No living spouse either. I was hoping you would say the 6 grandchildren would share half of the estate.

AstrantiaMajor Wed 25-Jan-17 21:23:18

Your DH can deduct the funeral expenses before he shares the money.

PollytheDolly Wed 25-Jan-17 21:23:56

mumma24 Wed 25-Jan-17 21:24:35

His sisters children haven't seen, contacted him / sent any cards etc in 8 years, my children saw him regularly

ImperialBlether Wed 25-Jan-17 21:25:40

It makes no difference, I'm afraid. It's the law.

ImperialBlether Wed 25-Jan-17 21:26:22

Why would your children inherit, though? Their father is the one who'd inherit. They will (presumably) inherit from him.

EnormousTiger Wed 25-Jan-17 21:27:25

Yes it's the law. Your husband must follow exactly the English intestacy laws or he could be in very serious trouble.

mumma24 Wed 25-Jan-17 21:27:35

I'm surprised a solicitor doesn't have to get involved? I think he should give the grandchildren the same amount, that's what grandad would have wanted

tommytippedup Wed 25-Jan-17 21:28:48

Contact and cards are not relevant for an intestate estate. If your FIL wanted that taken into account he should have made a will. Your DH has to divide the estate according to the rules, there's no wiggle room.

Cartright Wed 25-Jan-17 21:29:01

That's neither here or there, I'm afraid. If people want to recognise different amounts of contact by relatives by leaving different amounts of money to them, then they can do so by making a will. If they choose not to make a will, then the intestacy rules apply.

(I would always urge everyone to make a will.)

mumma24 Wed 25-Jan-17 21:29:10

Thank you for your advice everyone, much appreciated

parklives Wed 25-Jan-17 21:29:58

Agree with pp, you can also be sued if you don't follow the law.

Wtfdoipick Wed 25-Jan-17 21:30:15

He needs to pass on to his late sister's dc what she would have inherited. It is nothing to do with being grandchildren

Northernlurker Wed 25-Jan-17 21:33:52

This is really very simple op. Don't try to get round what's rightly the property of your sils children.

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