'pro Rata'

[Khandro]

In the breaking up of an estate to beneficiaries of someone who died intestate, how does a "4-way split pro rata" differ from a 4-way split please?

[Buenchico]

I've read it and I think that I understand it. (I've drawn a diagram to aid my thinking)

As I read it, my example, above, fits your scenario exactly.

'X' (in my example) is the parent of the two boys. If X was still alive you and X would both receive 50%. However, since X is no longer alive, you get 50% and they each get 25%.

However that's 50% (or 25%) of whatever's left after the court has awarded 'reasonable financial provision' to the partner (assuming, of course, that the partner actually applies to the court). So it might be better to go along the route of a 'deed of variation', guaranteeing a certain amount to the partner.

I'm guessing that the 'pro rata' bit might mean a three-way split between the partner, yourself and X (with X's third actually being split between X's sons) but you'd need to investigate further to find out precisely what it means.

[ubasses]

In a minute I will put my brain in gear and actually type what it is saying.

You Inherit your grandfathers share thru your mother and your second cousins share there grandmothers share. You get 50% they get 25% each.

[Khandro]

//You get 50% they get 25% each.// That was what was first stated when all this began two years ago. I guess the 2 in Australia would be the children of my mother's younger cousin. Would the fact that, according to the genealogist's chart, their mother is unknown have any bearing on it - I mean if they were born say out of wedlock?

Thanks to all, by the way.

[Dogsbody2]

One of the most interesting posts within Law for a good long time. Thanks BC and UB.

[Buenchico]

>>>Would the fact that, according to the genealogist's chart, their mother is unknown have any bearing on it - I mean if they were born say out of wedlock?

Not since the passing of the Family Law Reform Act 1969, whereby illegitimate children acquired the same rights to inherit as legitimate offspring.

[Peter Pedant]

Khandro
sorry for your loss
and yippee for the inheritance

you have posted before - (a) and i dont see whether you are the heir and are being a wonderful person - in which case you wouldnt need a variation - you just give the others what you think best

or whether they are beneficiaries in which case they can demand their share as a matter of law - and you dont need a variation as their right is enforceable

actually I am not sure if you do - from previous posts
I think you are gonna hae to spend money on asking the solicitor who the beneficiaries are in law and what are they entitled to

[ and as seems to be the fashion nowadays - I am a complete amateur - ]

but I did give advice (a) to an intestate sole inheritrix
who reported that grasping blood relatives were going around with calculators and saying " well that isnt fair ...."

[Peter Pedant]

Blimey this is a good example of BC's dictum of everyone should leave a will.

[Peter Pedant]

// One of the most interesting posts within Law for a good long time. Thanks BC and UB.//

I dont think there is much law in this but much more - how do you get grasping relatives ( and we all have a few ) to accept they dont get x % which they think they should but y % which is their right in law ....

[Khandro]

The latest from the solicitors; Messrs, Grabbit & Runn, (only joking) is that the erstwhile live-in partner is no longer answering any communications, and hasn't for a while, I figure he must be well in his 80's and may well have racked his cue, so I can't imagine what will happen about that, sounds like even further delays.

[Buenchico]

If you're prepared to risk that the former partner won't apply for a court order, varying the terms of the intestacy rules, then you (as the closest relative) can apply to the Probate Registry for a 'grant of representation' (in the form of 'letters of administration'), giving you the right to take control of the deceased person's estate and to then distribute it in accordance with the intestacy rules. (i.e. 50% to yourself and 25% to each of the other beneficiaries).

You don't need to use a solicitor to do so but, bearing in mind that the solicitors you're already dealing with might be the only people who know where the deceased person's assets are held, it might be wisest to work with them.

i.e. if you really do think that the former partner has either popped his clogs or won't seek a court order anyway, simply tell the solicitors that you wish to apply for letters of administration.

[Khandro]

Chris; //bearing in mind that the solicitors you're already dealing with might be the only people who know where the deceased person's assets are held,//

That has already been dealt with. The estate consisted of stock market shares and bank accounts and after various procedures, including lots of oath-swearing through German lawyers by me, all the proceeds are now in the hands of "Grabbit & Runn".

[Buenchico]

If you've already obtained a grant of representation (through the solicitors) then you simply have to wait 6 months from the date upon which that grant was obtained in order to distribute the estate (or, more accurately, to instruct the solicitors to do so for you) in accordance with the intestacy rules. (i.e. 50% to yourself and 25% to the other two beneficiaries).

The former partner will then be out of time to apply for a court order varying the terms of the intestacy rules to provide him with 'reasonable provision'.

Quote:
"An application for an order under section 2 of this Act shall not, except with the permission of the court, be made after the end of the period of six months from the date on which representation with respect to the estate of the deceased is first taken out".
[Section 4, Inheritance (Provision for Family and Dependants) Act 1975].