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Advice on 'missed' inheritance

(7 Posts)
MrsMorticia Tue 21-Oct-08 15:06:54

Sorry if this is long, please bear with me.
My friend's mother died in 1978, very unexpected, leaving 2 children. Her husband went on to remarry, have another child, and split up before he died earlier this year.
His will states that his estate should be held in trust for his grandchildren. This was expected so no axes to grind there.
However, my friend has just found out that her mother had an account with a large financial institution which not even her husband knew about. There has been no action on the account since before her death. No idea what sort of account, how much is involved, but there is an account number.
Does this account have to form part of the father's estate (which would mean it being shared amongst children with whom the lady had no connection)? Or is it possible for the lady's two children to claim the account as her husband is now dead and in any case had no knowledge of the account.
If he HAD known it is highly likely that he would have set aside the account solely for the lady's children anyway, so I think it's safe to say he really was not aware of it.

hecAteTheirBrains Tue 21-Oct-08 21:28:32

No idea, sorry. If nobody else knows (although I bet someone will!) perhaps you could ask a solicitor, or the CAB?

TheArmadillo Tue 21-Oct-08 21:31:58

Would it not go to closest living blood relative?

IT may be worth contacting the financial institution and asking for the details of the account and what would be their procedure for this.

Tinker Wed 22-Oct-08 00:14:46

I'd see a solicitor but assuming she made no will which stated otherwise (and she wouldn't or someone would have known about the account) I can only assume it would have formed part of the original estate

Tortington Wed 22-Oct-08 03:21:43

if it was the mothers money

then if the father married and had another child

that child would not be blood related to the friendsmother

or indeed know the friendsmother as she died

am i right <phew>?

ergo the money would be your friends i would assume

but best to get prof adv

Freckle Wed 22-Oct-08 05:27:33

What did the mother's will state? If it provided that her whole estate passed to her dh, then I would think this account would have to go to the dh and would now form part of his estate, to be distributed as provided therein.

Your friend should see a solicitor, but I don't think she and her sibling can just claim it because it was missed in the original estate.

PortAndDemon Wed 22-Oct-08 07:34:33

I agree with Freckle. But your friend needs professional advice.

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