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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 866
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My daughter passed away and left an insurance policy. The amount

Resolved Question:

My daughter passed away and left an insurance policy. The amount will be split between my ex husband and myself.
In his will, he leaves everything to his 2 daughters one from a previous marriage, and our joint one now deceased.
As I see it, I am my daughters next of kin, should I inherit her half of his estate.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist you.
Did you daughter leave a will or die without a will? Was your daughter married when she died? Did you daughter have any children?
Kind Regards
Caroline
Customer: replied 1 year ago.

We have been established as her next of kin, she has no children, had a civil partner, who is not claiming any of her estate, she left no will.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
As your daughter passed without making a will then she is considered as passing intestate.
Under the rules of intestacy her surviving civil partner would be entitled to your daughters estate.
You have however confirmed that the civil partner has chosen not to accept the same and because your daughter did not have any children - then yourself and your ex (as her parents) inherit the estate equally shared between you.
Kind Regards
Caroline
Please kindly remember to rate positively. Please do not hesitate to ask if I can assist further.
Customer: replied 1 year ago.

As my ex has stated in his will, that his 2 daughters, one of which is mine, should inherit equally. Now that my daughter is deceased, as her next of kin, should I expect to inherit her half.

I did ask that in the first place.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
If your ex is still living - then no.
Your ex's will - will be as at the time he dies. As your daughter has predeceased him then this will not pass to you.
If your ex is no longer living then you get all your daughters estate now - as the only surviving parent.
I hope this clarifies for you.
Kind Regards
Caroline
Please kindly remember to rate positively.
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