ChatterBank1 min ago
Wills and descendants
Just been watching a TV program on Heir Hunting and this told me something I didnt know that if one person in a couple dies before the other then the first partners blood relatives have no claim on any part of the estate.
This does seem to be a bit unfair but then .....
My question is if a couple die, both intestate and both at the same time (i.e. in the same road crash) are blood relatives treated equally?? Also if one partner survives albeit for a short while and then dies of their injuries are they (or their blood relatives) considered sole beneficiaries
This does seem to be a bit unfair but then .....
My question is if a couple die, both intestate and both at the same time (i.e. in the same road crash) are blood relatives treated equally?? Also if one partner survives albeit for a short while and then dies of their injuries are they (or their blood relatives) considered sole beneficiaries
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It is an interesting question and one that I couldn't find a proper question for within the UK Government pages on interpreting the law of intestacy. There does not seem to be a clause to cover the situation of spouse deaths within a short period of time.
UK death certificates issued by the Registrar record the date, but not the time, of death.. This information is taken off the death certificate issued by a doctor which does record the time, the date and the place of death. However the 'time' information gets 'lost' in the formal document.
I suspect, therefore, that if there is an intestate situation where the same date of death applies to the married couple, the each partner's personal estate is dealt with as if the spouse did not exist from an inheritance point of view.
However if one partner survived long enough such that a later date appears on the death certificate, that (longer-surviving) partner's family take precedence for the sharing of the estate.
This surely must have been tested in the courts before now - but I couldn't find it.
UK death certificates issued by the Registrar record the date, but not the time, of death.. This information is taken off the death certificate issued by a doctor which does record the time, the date and the place of death. However the 'time' information gets 'lost' in the formal document.
I suspect, therefore, that if there is an intestate situation where the same date of death applies to the married couple, the each partner's personal estate is dealt with as if the spouse did not exist from an inheritance point of view.
However if one partner survived long enough such that a later date appears on the death certificate, that (longer-surviving) partner's family take precedence for the sharing of the estate.
This surely must have been tested in the courts before now - but I couldn't find it.
Usualy the spouse has to survive for 30 days. So if one died and the other died of thier injuries (or a broken heart) within that time the estate goes to the relatives of the first one to die.
At one time if they died at the same time the husband was presumed to have died first. I don't know if this is still the case though.
At one time if they died at the same time the husband was presumed to have died first. I don't know if this is still the case though.
In the case of intestacy the estate of the first to die is dealt with under the laws of intestacy - ie the spouse is the major beneficiary with others getting a share only with large estates.
The resulting estate of the second to die is then dealt with similarly.
If it's uncertain who died first it's presumed to be the elder.
The 30 days is irrelevant in the case of intestacy - and indeed with wills if it's not a clause in the will.
The resulting estate of the second to die is then dealt with similarly.
If it's uncertain who died first it's presumed to be the elder.
The 30 days is irrelevant in the case of intestacy - and indeed with wills if it's not a clause in the will.
This is what "Williams Mortimer and Sunnocks" say about commorientes (ie people dying at the same time).
Where spouses die in circumstances that make it uncertain which survived the other and the deaths occured before 1953, the elder is presumed to have predeceased the younger. In the case of deaths both intestate occurring since 1952, each estate devolves as if the husband or wife had not survived the other (Administration of Estates Act 1925, s 46(3) as amended by the Intestates Estates Act 1952 s1(4). A spouse must now survive the other by 28 days to acquire a beneficial interest where the deaths occur after January 1 1996 (s46(2A) AEA 1925, added by the Law Reform (Succession) Act 1995.
Great question - I had to look it up!!!
Where spouses die in circumstances that make it uncertain which survived the other and the deaths occured before 1953, the elder is presumed to have predeceased the younger. In the case of deaths both intestate occurring since 1952, each estate devolves as if the husband or wife had not survived the other (Administration of Estates Act 1925, s 46(3) as amended by the Intestates Estates Act 1952 s1(4). A spouse must now survive the other by 28 days to acquire a beneficial interest where the deaths occur after January 1 1996 (s46(2A) AEA 1925, added by the Law Reform (Succession) Act 1995.
Great question - I had to look it up!!!
cassa: The information given in the programme was that couple in question died 5 days apart : She was first (unsure if she left a will) - He second (intestate) but only his relatives inherited. They both died of differing ilnesses so the 'same time' scenario was not relevant
Rollo: Correct. I meant to say married couple (or as you say same sex partnership.)
The question as regards the road crash deaths was purely a hypothetical case.
Hope it might be helpful to some :)
Rollo: Correct. I meant to say married couple (or as you say same sex partnership.)
The question as regards the road crash deaths was purely a hypothetical case.
Hope it might be helpful to some :)
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