What are the siblings' rights if their 91 year old mother, who was divorced and living with two of her daughters, died intestate (without a will)? | LawHive - Solicitors & Lawyers Online
What are the siblings' rights if their 91 year old mother, who was divorced and living with two of her daughters, died intestate (without a will)?
Hya - bizarre contacting you like this but could use the advice. it may not be your field but here goes - my 91 year old divorced mother died intestate - two of my sisters still remain in her house together with one of their children (my 23 year old.nephew). One of my sisters living in my mother's house has got probate, before our application was granted, and is stating she has the power to distribute our mother's estate how my mother wanted it to be divided ( absolutely no way as she withdrew a will 20 years ago and never made another) - meaning just to those two. One of my sisters living in the house has issues and does not have a working history, no ni contributions, tax etc and does not exist on local council records such as polling stations etc. My mother never worked her whole life and my sister with the child (who is 22) works part time self employed - we believe, but am unsure, if they are trying for some kind of dependency claim. My mother had no income, only a pension and had about £6,000 savings at death. There are 8 full siblings in total - all estranged, bar one, to the two sisters who lived with my mother, caused by making my mother choose between us all. Lots of history to this but we are unsure if they can have the house turned over to them without a will. my mother always told me she would not be forced to leaving it to them and I guess that is why there is no will. What rights do we have in this situation - any advice gratefully received. XXX. many thanks

Lizzie Schad

23rd April 2022

Top Answer
NQ, siblings are not next of kin .it would be husband , then children, then siblings. So if there’s no will and she was divorced, you as her child would be next of kin

Zona Tuley

23rd April 2022

2 upvotes

Nq rules of intestacy are very clear on how it needs to be split. You say mum was divorced. Is the ex still alive and if so did they clean break as if not they may have a claim on the estate. If he doesn't then next up are children and if a child has passed any grandchildren etc. So all assets need to be liquidated and money shared equally between children. No will means no division I line with wishes they have to adhere to the law

Jeanne Metts

23rd April 2022

1 upvote

Legal Assistant in the Wills and Probate department in a solicitors. Without a Will the rules of Intestacy will apply which state all children are entitled to an equal share. If two sisters wish to remain in the property they need to buy the others out if their share. If they cannot do this, the house must be sold and the money split equally between all children. www.gov.uk/ inherits-someone -dies-without-w ill

Mabel Dodge

23rd April 2022

1 upvote

NQ: it would be wise to check the property deeds. You can get a copy at the land registry. Check your mother was the sole owner

Larry Thiel

23rd April 2022

1 upvote

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