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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If both parents die, and they have two adult children, (youngest)one

Resolved Question:

If both parents die, and they have two adult children, (youngest)one married, (eldest)one with two children out of marriage( with girlfriend), can the eldest and girlfriend disinherit the younger sibling?
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I clarify if this is a hypothetical question or if this has actually happened please?
  2. If the latter, did either parent leave a will?
  3. Did both parents pass away at the same time (for example in an accident)
  4. Can you confirm neither child is a step child of either parent, but both are either natural or adopted children of both parents?
Customer: replied 2 years ago.

the children are both natural of both parents. Some parts are left in a will, some are not. hypothetical.

Expert:  Joshua replied 2 years ago.
Thank you. If both parents die then the first to dies will takes effect first and then the second to dies will second. if both parents die at the same time and circumstances where it is not possible to determine who died first, the presumption in law is that the younger of the two died second.How the estate devolves depends upon whether the parents left a will or not. If the parents leave a will, the starting point will be that that will is valid and say if the parents have decided to favour one child over the other, that would take effect though if the degree to which one child is favoured over the other is disproportionate in size, the child who is disadvantaged may have a potential claim against the parents estate.If the parents did not leave a will or part of their estate is not dealt with by the will, then their estate so far as it is not dealt with by any valid will devolves under the intestacy rules by virtue of the administration of estates act. intestacy rules provide that on the second parents death, the estate is shared equally between any natural or adopted children so the estate would be divided equally between the two children under the intestacy rules - the older child would do no better than the younger.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Customer: replied 2 years ago.

Can the girlfriend of the older sibling make any claim for the children she has with him? Can she interfere in anyway? If she marry's the older sibling can she interfere?

Expert:  Joshua replied 2 years ago.
The girlfriend has no rights in respect of the parents estate unless she was personall dependent upon either of the parents immediately before their death in which case she may be able to make a modest claim for financial provision but this only applies if either parent was personally and directly maintaining her which I assume is not the case.She has no better claim if she has any children with the elder sibling because neither parent owes any legal duty to their grandchildren.Finally she has no better claim than the above whether or not she marries the elder sibling. The extent of her claim so far as she may have one at all, unless she is provided for in the will of either parent would be limited to financial provision as per the first paragraph above.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 2 years ago.

If the will states one of the siblings to inherit the majority of the estate/assets, is it final?

Expert:  Joshua replied 2 years ago.
No a will can be challenged by a child who does worse than the other on the grounds of lack of knowledge and approval by the person making the will and on the grounds of reasonable financial provision. The courts hear many cases each year where a parent has disinherited one child or favoured another. The claims are not straightforward and ideally would be avoided but such claims are not at all unusual and in many cases succeed where there is a substantial disproportionate division between children.Have I been able to help you with all your questions on the above?