Who inherits?

[coccinelle]

Say, a person who lives with their boyfriend dies. They have no children and there isn't a will. Would it be automatically the parents?
Second question; If there was a child would it be that child who inherits?

[smurfchops]

Not a lawyer but I would say the child inherits first, if the person isn't married I would think the parents inherit next. If there is a large inheritance or property involved the best bet is to make a Will !

[daisya]

It is usually whoever is the next of kin, usually the parents if no one else, or then goes down the line. I think if there was a child and it could be proved it was the deceased's child then the child would benefit, but don't take that as read because the law has changed a lot since I had to administer a Will.

[ubasses]

If the person has children they will receive money on reaching 18, otherwise your estate goes to your relatives in this order of priority – parents; brothers/sisters; half
brothers/sisters; grandparents; aunts/uncles; spouses of aunts/uncles

[coccinelle]

Yes, that's what I would have thought but why are there so many people living together without a will? They say a marriage certificate is just a piece of paper...

[daisya]

It's certainly a minefield not having a Will, so many people don't or won't bother but it's always the ones left behind who have the problems dealing with the estate. Often if there's no family found, the estate goes to the government and I doubt there's many people who would want that to happen if only they knew.

[carmalee]

From experience - I know of a case where a man and his 'lady friend' were living together - he remained married and on very good terms with his wife, they retained a joint bank account and she was named as beneficiary in his will. On his death, the 'lady friend' retained the services of a QC to contest the will and got a huge amount out of the estate - all costs were paid by the estate too. Even if you make a will, your wishes aren't always carried out.

[coccinelle]

Hi carmalee, which makes a bit of a mockery about making a will. Mind you all depends when the will was made...

[LoftyLottie]

Yes the parent would be considered next of kin.
If the child was under 18 and there was no will then they can't inherit.

Always wise to make a will. Children can then be catered for by trusts etc.

[LoftyLottie]

Sorry, I wasn't exactly right.

Quote

Close relatives

Children

Children of the intestate person will inherit if there is no surviving married or civil partner. If there is a surviving partner, they will inherit only if the estate is worth more than a certain amount.

Children - if there is no surviving married or civil partner

If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.

Children - if there is a surviving partner

If there is a surviving partner, a child only inherits from the estate if the estate is valued at over £250,000. If there are two or more children, the children will inherit in equal shares:
•one half of the value of the estate above £250,000 and
•the other half of the value of the estate above £250,000 when the surviving partner dies.

All the children of the parent who has died intestate inherit equally from the estate. This also applies where a parent has children from different relationships.

[Barmaid]

I actually disagree. In this country we have no notion of forced heirship (unlike countries such as France and Scotland where certain family members have an automatic entitlement to inherit irrespective of the deceased's wishes). What we DO have though is a piece of legislation known as the Inheritance (Provision for Family and Dependants) Act 1975 where certain classes of people may make a claim on the estate for "reasonable financial provision". I suspect that this is what happened in the case Carmalee mentioned. Very often people simply never get round to updating their wills to account for changing personal circumstances. For instance, on death of a spouse or divorce a person will often make a new Will - they then meet someone else, set up home together for a few years and never get round to changing it. The new partner would lose out were it not for the Inheritance Act.

[LoftyLottie]

Best for you to read through the whole link. My brain obviously isn't working today

http://www.adviceguid...ules_of_intestacy.htm

[coccinelle]

I don't find that very clear LoftyLottie. A surviving partner will only inherit if the estate is more than a certain amount? And who is a civil partner?

[Barmaid]

That means a spouse or a civil partner Coccinelle. A civil partner is a same sex partner who has been through a civil ceremony.

[LoftyLottie]

It actually says the child will not inherit unless the estate is over a certain

"If there is a surviving partner, a child only inherits from the estate if the estate is valued at over £250,000. If there are two or more children, the children will inherit in equal shares:
•one half of the value of the estate above £250,000 and
•the other half of the value of the estate above £250,000 when the surviving partner dies.

All the children of the parent who has died intestate inherit equally from the estate. This also applies where a parent has children from different relationships"

A civil partner would apply to a gay marriage, i.e. it's a legal partnership like a marriage.

If there is no legal partnership and no will then the partner will not inherit.

[LoftyLottie]

So to answer your question. The boyfriend would not inherit, the child would. If there wasn't a child, a parent or another close relative would inherit.

And then, as Barmaid has pointed out, the boyfriend would have to perhaps appeal.

[coccinelle]

Thank you for making that more clear. Conclusion; no matter what your age make a will!!

[LoftyLottie]

Very true.

Mr LL and I made wills as soon as we had a child protecting our child as well if either of us were to remarry and also naming guardians, You have to cover all eventualities

[LoftyLottie]

I posted that by mistake before I had finished and was in the middle of retyping, but you get the idea. Having a bad day on AB today ;o(

[Lindylou]

Common law wives/husbands don't get anything. At all. Any estate is shared between blood relatives. (This includes any adopted children). Children first, and if there aren't any then parents, siblings, cousins, etc in differing percentages. Make a will!! Doesn't matter how old the children are - there's no age limit. Might be necessary for Trustees to be appointed if the children are young.