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Inheritance question

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    highland paddyhighland paddy Posts: 672
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    Just to clarify, I'm simply looking for info here.

    Do kids always get their parent's inheritance unless otherwise specified? Is it split between all children?

    If you're a saddo with nearly 30k posts on a forum and simply want to pontificate on situations you have no knowledge or understanding of, take it elsewhere.
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    Dare DevilDare Devil Posts: 118,737
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    Just to clarify, I'm simply looking for info here.

    Do kids always get their parent's inheritance unless otherwise specified? Is it split between all children?

    If you're a saddo with nearly 30k posts on a forum and simply want to pontificate on situations you have no knowledge or understanding of, take it elsewhere.

    You asked a question, you got the answer. You have ignored everything that has answered your question and started insulting people that have answered your question. You are coming across as a very angry and bitter person.

    For the third time, I'll explain. It depends if there is a will or not.

    If there is a will, the estate is split up exactly as the deceased wishes it to be. This is carried out by the executor. If the deceased says the want their entire estate to go to a named charity, it will. If the deceased says their spouse should get £99,999 and the son £1, they will. Whatever it says on the will, is exactly what happens.

    If there is no will, it goes to probate and the spouse (wife, husband or civil partner) is made automatic next of kin. The entire estate upto £250,000 goes to the spouse. If the estate is over £250,000, the remaining amount is divided up as the state sees fit.

    Am I the only one who's starting to lose patience with the OP?
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    wenchwench Posts: 8,928
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    Just to clarify, I'm simply looking for info here.

    Do kids always get their parent's inheritance unless otherwise specified? Is it split between all children?

    If you're a saddo with nearly 30k posts on a forum and simply want to pontificate on situations you have no knowledge or understanding of, take it elsewhere.

    yeah, great way to get advice.

    You don't deserve any inheritence, you sound like a blood sucking leech.
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    CMCM Posts: 33,235
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    Just to clarify, I'm simply looking for info here.

    Do kids always get their parent's inheritance unless otherwise specified? Is it split between all children?

    If you're a saddo with nearly 30k posts on a forum and simply want to pontificate on situations you have no knowledge or understanding of, take it elsewhere.

    Just to clarify you'll get Nothing. :cool:
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    bri160356bri160356 Posts: 5,147
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    I'm entitled to the money cos the phuking rat walked out on me with no contact, so I will make sure I get it. :cool:
    CM wrote: »
    Your entitled to Nothing it has to be earnt. :cool:

    OP,
    Inheritance Laws make no distinction when it comes to “only seems to want the money” & “phucking rat” & “you have to earn entitlement” and other such baseless phrases that have appeared in your thread.

    Read this; it may answer a few basic questions:-

    http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

    I have some, albeit limited, personal experience (English Law) of a not too dissimilar situation and I found it to be quite a minefield.
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    CMCM Posts: 33,235
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    bri160356 wrote: »
    OP,
    Inheritance Laws make no distinction when it comes to “only seems to want the money” & “phucking rat” & “you have to earn entitlement” and other such baseless phrases that have appeared in your thread.

    Read this; it may answer a few basic questions:-

    http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

    I have some, albeit limited, personal experience (English Law) of a not too dissimilar situation and I found it to be quite a minefield.

    As I say he's entitled to Nothing, a simple piece of signed paper can do away with any entitlement so hopefully that has been done :cool:
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    welwynrosewelwynrose Posts: 33,666
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    I'd be surprised if you get anything
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    bart4858bart4858 Posts: 11,444
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    Dare Devil wrote: »
    If there is a will, the estate is split up exactly as the deceased wishes it to be. This is carried out by the executor. If the deceased says the want their entire estate to go to a named charity, it will. If the deceased says their spouse should get £99,999 and the son £1, they will. Whatever it says on the will, is exactly what happens.

    A will can be contested by certain classes of people. The OP may well be in one of those classes.
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    Dare DevilDare Devil Posts: 118,737
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    bart4858 wrote: »
    A will can be contested by certain classes of people. The OP may well be in one of those classes.

    You can contest a will, yes. But why would anyone want to contest someone else's wishes?
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    YosemiteYosemite Posts: 6,192
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    Dare Devil wrote: »
    You can contest a will, yes. But why would anyone want to contest someone else's wishes?

    Avarice.

    It's commonplace.
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    Dare DevilDare Devil Posts: 118,737
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    Highland Paddy, whether you read this or or take it into account is entirely upto you, but what do you think your dad dying and you inheriting something from him will do?

    Do you think it will bring you happiness, make all your anger and bitterness go away, make up for all those memories that you've both missed out on?
    If or what you inherit won't do any of those things. If you inherit £50,000, a house, a family heirloom or his old clothes, it's not going to make up for all the lost time. It's not going to change the image you have of your dad now.

    If it's not the money you're after, what is it you hope to achieve by inheriting from him after he's died? If it's the memories to lose the anger and bitterness you have towards him, you need to get in contact with him and talk to him. Ask him why he wasn't there for you, if he tried to be in your life and if he wants to be in your life now. If it's happy memories you want of him, again, you need to get into contact with him and make those memories happen.
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    DaisyBumblerootDaisyBumbleroot Posts: 24,763
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    bart4858 wrote: »
    Possibly. Among the people who can contest a will are:

    "...any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;..."

    Perhaps you should spend most of your money, or gift it gradually to the nieces, if you don't want her to get it or to contest the will.

    Wow :o thanks, didn't know that...

    Is there a time limit on how long someone can contest a will? Say we have been dead year, everything is shared out and she finds out? Is this possible?
    Dare Devil wrote: »

    My advice would be to make a will. Everyone should have one. If you don't, your estate will be divided as the state sees fit. Spouses come first as they are made automatic next of kin.

    If you don't have a will things can get very complicated and very messy later on - especially when there's family feuds, second families and relatives after money. Things go a lot smoother when there's a will as it's your wishes and your wishes alone. It's also better if the executor is someone who's not a friend or relative, i.e. a solicitor or bank.
    Thanks, deffo need to get this sorted really
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    tim59tim59 Posts: 47,188
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    Dare Devil wrote: »
    Highland Paddy, whether you read this or or take it into account is entirely upto you, but what do you think your dad dying and you inheriting something from him will do?

    Do you think it will bring you happiness, make all your anger and bitterness go away, make up for all those memories that you've both missed out on?
    If or what you inherit won't do any of those things. If you inherit £50,000, a house, a family heirloom or his old clothes, it's not going to make up for all the lost time. It's not going to change the image you have of your dad now.

    If it's not the money you're after, what is it you hope to achieve by inheriting from him after he's died? If it's the memories to lose the anger and bitterness you have towards him, you need to get in contact with him and talk to him. Ask him why he wasn't there for you, if he tried to be in your life and if he wants to be in your life now. If it's happy memories you want of him, again, you need to get into contact with him and make those memories happen.

    Well said.
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    bart4858bart4858 Posts: 11,444
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    Is there a time limit on how long someone can contest a will? Say we have been dead year, everything is shared out and she finds out? Is this possible?

    I just googled that bit (I remembered something similar came up in a previous thread, but I can't find it now).

    If you are getting a solicitor to draw up a will, that's something to ask them about. (You can do it yourself, but mine was only £75+VAT, and it will be done properly.)
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    TelevisionUserTelevisionUser Posts: 41,420
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    AmberPanda wrote: »
    This is such a mine field your best bet would be to consult a solicitor but before you do ask around friends/family/neighbours to ensure you get a solicitor who specislizes in this field.

    A Scottish community law centre would seem to be the place to go if one is available locally http://lawworks.org.uk/clinics plus there's a dedicated forum here: http://www.scottishlaw.org.uk/cgi-bin/yabb2/YaBB.pl?board=legaladvice
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    Mystic DaveMystic Dave Posts: 1,180
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    Dare Devil wrote: »
    You asked a question, you got the answer. You have ignored everything that has answered your question and started insulting people that have answered your question. You are coming across as a very angry and bitter person.

    For the third time, I'll explain. It depends if there is a will or not.

    If there is a will, the estate is split up exactly as the deceased wishes it to be. This is carried out by the executor. If the deceased says the want their entire estate to go to a named charity, it will. If the deceased says their spouse should get £99,999 and the son £1, they will. Whatever it says on the will, is exactly what happens.

    If there is no will, it goes to probate and the spouse (wife, husband or civil partner) is made automatic next of kin. The entire estate upto £250,000 goes to the spouse. If the estate is over £250,000, the remaining amount is divided up as the state sees fit.

    Am I the only one who's starting to lose patience with the OP?

    Maybe - if you were correct yourself. "Probate" is the power granted by the courts to the person dealing with the estate - executor/s for a Will, administrators on an intestacy. Anyone dealing with an estate must gain that official power before they can deal with the assets.

    On an intestacy, the amounts received by any spouse/children will vary depending on the situation - see the first link here https://www.google.co.uk/#q=intestacy+rules+flowchart

    Any arrangement can however be varied by agreement among all beneficiaries.

    THIS IS ENGLISH LAW.

    The advice would be if you are in a more complex situation than being married with/out kids, make a Will.
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    davidmcndavidmcn Posts: 12,124
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    A Scottish community law centre would seem to be the place to go if one is available locally

    I'd prefer they were allowed to concentrate on those who actually need legal advice, rather than punters who are "just curious" about what they're due to inherit from a relative who is still alive and well.

    (not that the OP has clarified what country their dad is in)
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    zz9zz9 Posts: 10,767
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    Just to clarify, I'm simply looking for info here.

    Do kids always get their parent's inheritance unless otherwise specified? Is it split between all children?

    If you're a saddo with nearly 30k posts on a forum and simply want to pontificate on situations you have no knowledge or understanding of, take it elsewhere.

    Then why did you ask for advice?

    From what you've said I agree with what some others have said. You've only been told your mothers side of the story, her version of what happened. It is very very common for children in this situation to be told a one-sided version. Few mothers are ever going to say "Your father wanted to be involved but I told him to go away", especially after a bitter divorce. How could they say that to a young child?
    They're going to tell their children "Your father left us. It's just us now".

    It might have started off as a simple white lie to a very young child and then become something they can never admit to when they get older. But it has happened many many times.

    The fact that your mother did a deal to get full custody shows that your father wanted shared custody. Otherwise why bother doing a deal? It was your mother that cut your father out of your life.

    For all you know she told him not to send cards on your birthday. Or intercepted them before you saw them. Again, these things have happened many times.
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    [Deleted User][Deleted User] Posts: 10,488
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    When I was quite young my parents used to have the 'man from the Pru' call every couple of weeks. and he used to stop for a cup of tea. I always a remember a conversation with my mother when he said 'never take things for granted, it's amazing what the prospect of money does to people'. Reading this thread proves he was absolutely right and the money isn't even there yet!

    We personally have a cousin with just weeks, if that, to live and her 2 closest blood relatives are my OH and one other cousin, other surviving relatives don't care and have had no contact for many years. We don't see her often because of distance so contact is by weekly phone calls. As far as we're aware she has left everything to a close friend of 40 years who is there with her nearly every day. We wouldn't dream of contesting her wishes.
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    LakieLadyLakieLady Posts: 19,726
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    Just to clarify, I'm simply looking for info here.

    Do kids always get their parent's inheritance unless otherwise specified? Is it split between all children?

    If you're a saddo with nearly 30k posts on a forum and simply want to pontificate on situations you have no knowledge or understanding of, take it elsewhere.

    If he's made a will, that determines who gets what.

    If your father outlives his wife, any inheritance will be split between ALL his children, IIRC. If any of his children have died, their share passes to their surviving children.

    If he predeceases her, she gets the first £250k, a life interest in half the remainder, and the balance is shared between his children.

    Children includes any children legally adopted, so if he adopted the children of a subsequent partner, they would be entitled to the same share as his biological children.

    What I can't recall is if a house they own as joint tenants is included in the £250k, as the deceased's share automatically passes to the other owner. My instinct is that it is excluded.
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    zz9zz9 Posts: 10,767
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    LakieLady wrote: »
    If he's made a will, that determines who gets what.

    If your father outlives his wife, any inheritance will be split between ALL his children, IIRC. If any of his children have died, their share passes to their surviving children.

    If he predeceases her, she gets the first £250k, a life interest in half the remainder, and the balance is shared between his children.

    Children includes any children legally adopted, so if he adopted the children of a subsequent partner, they would be entitled to the same share as his biological children.

    What I can't recall is if a house they own as joint tenants is included in the £250k, as the deceased's share automatically passes to the other owner. My instinct is that it is excluded.

    The value of a house owned as joint tennants is included in the tax allowance if the joint owner is not the spouse of the deceased, say two brothers owning a house. With a spouse it is tax free even if well over the allowance.

    With Tennants In Common the share is not passed automatically but left to the will to specify who it should go to or treated as an asset under intestacy.

    But for anyone actually involved in planning for or dealing with this go see a solicitor. Getting it wrong could cost huge sums of money and you should not rely on advice given on the internet from people who only know a few details. Pay for a solicitor and they will know what to ask and could save you a fortune. A couple of hundred pounds spent could be well worth it.
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    What name??What name?? Posts: 26,623
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    CM wrote: »
    Not if they have made a will and left you out and hopefully they have as you only seem to want their money :cool:

    What else would they want from some deadbeat who never supported them in childhood? He owes them
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    What name??What name?? Posts: 26,623
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    Do kids always get their parent's inheritance unless otherwise specified? Is it split between all children?.

    Yes. But since your father didn't give a toss about you before I think it would be unwise to plan of think that he wouldn't specify otherwise. I would assume he is a bum who has left you nothing then it will be a pleasant surprise if you receive anything
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    molliepopsmolliepops Posts: 26,829
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    I wonder if the OP would be so keen to claim his fathers debts ? sometimes it's best left well alone.
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    DaisyBumblerootDaisyBumbleroot Posts: 24,763
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    What else would they want from some deadbeat who never supported them in childhood? He owes them

    But as has been mentioned already, it's not always that simple. My husband tried with his daughter, to no avail because the mother basically told him to leave them alone. They just don't know each other, he's tried contacting her over the years, she doesn't want to know. Even though her grandparents (who she used to visit a lot) are now ill, she's no longer interested In his side of the family. That's up to her, she is a grown woman now.

    But in this case, I'll be damned if some woman decided she was owed an inheritance all of a sudden of some sort from my husband when he dies.
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