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Help please.

2 replies

jellycat1 · 19/11/2018 06:00

Morning all.
My sister died recently. She had been divorced from her ex (father of her kids) for a long long time. Ex had moved on and has a new family. My sister unfortunately didn't leave a Will. Her estate is in probate. Who has a right to administer this and to be in contact with the probate lawyers? My Mum? Does ex husband and father of her kids have any rights to her estate? We want the kids to get everything. Thanks so much in advance.

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Isleepinahedgefund · 19/11/2018 06:26

I'm sorry for the loss of your sister.

Inheritance in the absence of a will goes downwards and then upwards if you think of the family tree. The children are the next of kin and inherit, but if they're under 18 then your parents would be in charge. The assets should go into a trust for the kids.

Here's a link re probate and who can administer: www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

Basically your parents can apply.

Assuming the divorce is complete and the deceee absolute has been issued, the ex husband has no rights over anything regarding your sister's estate.

jellycat1 · 19/11/2018 08:19

Thanks so much @Isleepinahedgefund

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