Claims to estate

[northj]

My father in law died without leaving a will. My wife is sole beneficiary. A lady has come forward saying the father treated her like a daughter and so wants a share. Would she have a claim and if so how would she prove it?

[zmudge]

The Executor has a duty to consider any claims against an estate under the Law,  which, in this case, is that nobody has a duty to leave anybody anything. Anyone can object to the Probate or Letters of Administration by lodging a Caveat at the Probate Court. Usual grounds are mental incapacity of the deceased or incapacity to act on the part of the Executor.

[Miss Zippy]

Your father in law died without leaving a will, which means he died 'intestate'.  Intestacy rules specify who inherits in this situtation.  If your father in law left no spouse and no other children, then it is quite likely your wife is sole beneficary of his estate. This woman who has come forward has to prove much more that she was simply �treated as a daughter�. She would have to prove that she was maintained financially either wholly or partly by your father in law immediately before his death (e.g she can�t say �well two years ago he helped me out by giving me �X to pay off my debts/pay for me to study/pay for a car etc). I am assuming that this woman is not a daughter of your father in law�s through marriage (i.e. your wife�s step sister)? If so, she could have a claim. It's sad that people 'try it on' in these circumstances.

[zmudge]

Sorry, I was interrupted and I overlooked that your father in law died without a will. Under the rules of intestacy if there is no surviving spouse the children share everything equally upon reaching the age of 18 or upon marriage if earlier. The term "Children" includes only (1) natural (2) adopted and (3) illegitimate children, and specifically excludes step-children. To succeed, therefore, the claimant against your father in law's estate would have to prove beyond all reasonable doubt that she falls under (1) (2) or (3). Some form of maintainance as suggested above could not be the basis for or support a claim. 

[Miss Zippy]

That�s right, being a step-child per se does not entitle a person to claim under intestacy laws, unless they can prove the financial maintenance condition.

[northj]

Thanks people. Appreciate your time answering.

[Didwot]

The Inheritance (Provision for Family and Dependants) Act provides that someone who was financially dependant on the deceased can claim agianst the estate.

[zmudge]

The Rules of Intestacy refer to a previously maintained person and specifically exclude them. An Administrator cannot therefore consider such a claim. However, persons may apply to a Court for an order under I(PFD)A 1975 on the ground that the disposition of the deceased's estate by the law relating to intestacy is not such as to make reasonable financial provision for the applicant. If successful, the Court provision for a spouse may be either a lump sum or maintenance and for other applicants is normally limited to maintainance. The persons who may apply for an order are the deceased's
(1)  surviving spouse (or former spouse who has not remarried)
(2)  child or person treated by the deceased as a child of his family
(3)  cohabitee, a category introduced for deaths on or after1 January 1996 by the Law Reform (Succession) Act 1995. A person will be in this category of claimant if, during the whole of the two year period preceding the deceased�s death, lived in the same household as the deceased  as the husband or wife,  or
(4)  any other person who was being wholly or partly maintained by the deceased immediately before their death.
The application for the order must normally be made within six months of the date of grant of representation, but a court may allow a later application.

[Corby]

We would like to know what rights we have as beneficary's to Dad's estate. Dad died & one son is the executor.  He has his wife helping him with the estate.  Can he claim more money from the estate because she is assisting him? We feel they may not be working in our interest only their interest and their children's interest.  He has his daughter living in the house and we feel that it is not necessary and is only costing us money to have her there.