If There Was A Sudden Death What Happens With An Inheritance?

[notfrozenagain]

Hello

I am wondering what would happen if someone dies and their estate is being divided up - it is agreed that everything will be fairly shared between their children but the deceased's house is yet to be sorted because it cannot be decided which sibling will buy it.

Is one of the siblings then dies before the house is signed over, or sold and the proceeds divided up (nothing in writing just agreed it is split between the kids) would the share automatically go to their child, or would it be split between the remaining siblings?

Thank you

[Old_Geezer]

IM inexpert O

They are already entitled to the share even if not having yet received it yet, so I would expect their estate to get it a full share and then the rules for dividing their estate come into play.

[Old_Geezer]

Having looked at the "nothing in writing" bit, I'm a little confused though. Either there was a will for the original estate, or it gets split as the law instructs under intestate. I don't see an agreement has validity except among those already entitled. As long as each beneficiary or their estate gets their due, who gets exactly what is surely still open for discussion/agreement.

[ummmm]

If there isn't a written will it'll get divided equally between the siblings. If one of the siblings dies their share will go to their children, if they have any. If not it'll be shared between the surviving siblings.

[woofgang]

intestacy
https://www.gov.uk/inherits-someone-dies-without-will
You can't just "agree between yourselves" If a beneficiary dies, their inheritance goes into their estate and is distributed according to the term of their will or again according to the rules of intestacy.

[murraymints]

it will depend what is in the will..if it is to issue equally and survivor then the surviving issue get that share in equal parts...but if any part of the inheritance has already been "divid" up then the children of the deceased will inherit what has already been passed on

[New Judge]

Yes, as has been said, the rules of intestacy must be followed. In particular assuming there is no surviving spouse the estate would go to surviving children or their dependants if they have died.

Also important (particularly as the case you mention seems to involve a sizeable estate including property) If there is no will somebody will have to apply for a “grant of representation” giving them authority to deal with the estate. Probate will be required and Inheritance Tax (if due, and with a property involved there’s a good chance that it will be) will need to be paid.

All in all, it is not just a case of sitting round a table to decide who gets what.

[notfrozenagain]

Thanks everyone. Yes my grandmothers will is in intestacy so divided between her kids. I was just wondering if the estate has not been divided yet because of some disputes, if one of her children die before this happens if it goes to her child as some of the siblings said they would get to keep that persons share but judging by what people have said here that isn't true!

[ummmm]

No...not true.

I've been in that situation. My uncle left no will. Before his estate was divided between his siblings my dad died. I got dads share.

[Peter Pedant]

Hi Notzie
sudden death has nothing to do with it

If there is a will then that is followed ( you didnt say if there was or not )

If the deceased dies intestate ( = no will ) then the widow gets her share ( recent change Oct 2014 ) first £250 000 I think but I dont do this full time - and the children the rest sort of

If one child is deceased I am pretty sure the his children get his share in equal parts ( dependinng on whether HE has a will )


and if they really all cant agree the whole time ( as happened in my family ) then a judge will say sell the whole lot and divide as he directs.....which would be according to the rules of intestacy if there is no will

[Peter Pedant]

Oh dear this is a real life case

I think you all need to sit around the kitchen table and agree on only one thing: that you need legal help - esp over issues like if one child is dead then the grandchildren are disinherited.

The tax man will want his share - which I think has to be paid up front and within a year - and that will have to be calculated

I can imagine your family sitting around a table and at least half saying: " well I am NOT going to pay any tax on my share ! someone else can ! " because it happened in my family

The advantage ( haha ) is that any of the siblings can apply for letters of representation ( the docs you need to dispose of an intestate estate ) but I strongly advise legal help