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Found out today a relative died intestate (sp) - how should money be split?

6 replies

StripeyKnickersSpottySocks · 14/04/2008 20:47

It was my gran's estranged cousin who she hadn't seen in 50 years. No other relatives apart from my gran, my mum, my brother, a cousin and me.

Me and my mum found paperwork at my gran's house today from one of these companies that say "we think you may be entitled to some inheritance, pay us 20% and we will give you the details".

So without telling us she does this - as part of the "investigation" she helped this company draw up a family tree and on this stated that she was the only living relative and had no descendents. So she denied that me, mum, brother and cousin exist.

She inherited 30k, obviously gave this company 6k!

My mum is hopping mad and reckons that in such a situation all relatives are entitled to have the money shared out. I'd have thought it would go to the nearest relative which would be my gran anyway.

Anyone know who's right?

Mum also found gran's will and found out she's cutting my mum out so she's really mad and talking about making a claim on the estate of the first will. I know its going to kick off big time.

OP posts:
LIZS · 14/04/2008 20:49

Think it goes to next of kin anyway - ie. your gran.

edam · 14/04/2008 20:53

I'm not sure you or your mum would inherit under the laws on intestacy anyway, tbh, don't they run out after cousins (if you are a more remote relative, you don't count, IIRC).

But worth your mother's while contacting the company anyway, just to check. Doubt there's much they can do even if your Gran has told a few porkies though.

LIZS · 14/04/2008 20:56

"If you are not lawfully married, have no children, but have parents or have had brothers/sisters/grandparents/aunts/uncles
Your estate will be shared equally amongst them in this order of priority - parents; brothers/sisters; half brothers/sisters; grandparents; aunts/uncles; spouses of aunts/uncles. If any of these have predeceased, but have living children then the children will take their parent's share. " so your Gran has inherited her parent's share. See here

StripeyKnickersSpottySocks · 14/04/2008 21:09

Thanks, can tell my mum to wind her neck in then.

OP posts:
sparkleymummy · 18/04/2008 17:46

It would go to your gran.

And unless she's away with the fairies or acted under duress, she's entitled to remake her will as aften as she likes. Your mum will achieve nothing other than racking up legal costs by trying to contest the will.

PortAndLemon · 18/04/2008 18:04

It will absolutely go to your gran with your mother having no claim on the estate.

There was a Dorothy L Sayers book where the motive for the crime hinged on the fact that intestacy laws were being tightened (back in the 1920s) to stop at cousins and exclude their children, IIRC.

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