There are living children, but the deceased was divorced, no property was left only money. Why do probate forms require names of siblings of the deceased, living or dead? When the children should inherit.
Answer:
Is this because there was no will If so I would suspect that just incase the children are not of age there would have to be an adult to act as a trustee - the money could be put into a trust until the children are of age. Im not really sure but did find this information
"It is important to be aware that the spouse of a deceased person who died Intestate, DOES NOT automatically inherit the whole of the estate, if the total value of the free estate passing on the death, is of substantial value. The Law prescribes what a surviving spouse can automatically receive, this is known as the Statutory legacy, and the amount is dependent on whether or not the deceased was also survived by issue and certain other relatives, again in order of strict priority. " (first link)
perhaps you should talk to a probate lawyer who could explain all this to you
I have put a few links with probate information in the UK which might help you
you are looking for the law of 'succession' on that one
its just routine..to ensure that all living siblings are noted..and even if there are any that have died..it also has to be noted for legal reasons %26 ruling them out of the inheritance. ...nothing to worry about.
Because, in dying intestate, it does not always mean that the children will automatically inherit - a wider class is afforded a claim, although usually it shouldn't be a problem.
However, it is THE reason why it is so important to make a will, so as to avoid such occurences - and potential headaches and heartache.
You could have endless (and expensive) problems dragging on for ever as a death brings all sorts of people out of the woodworm claiming they are entitled to something. Hopefully you won't, but the solicitor will rub his hands as this is going to cost sorting out!
What will really annoy you is if no inheritance tax planning has been done Gordon Brown will be taking 40% of everything over 拢285,000/300,000!
Everyone should make a will once they start to have an "estate" to prevent this type of problem!
In the UK if an estate is intestate and over a certain amount I dont know the present sum but a few years ago it was 拢70 then other relatives - siblings and nephews can make a claim on the estate.
its just a formality,in case it transpires that the children murdered the intestate ,then they cant take neither will their issue take.............Jones v midland bank.............,re DWS
if they murdered their father they forfeit their inheritance.
.....re crippen......
but if they have nothing to do with the death then nobody shares with the issues never ever.........
the wife by virtue of s18 WA1837...UK ...Will be deemed predeceased ...i.e dead
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