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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10234
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Father has died suddenly and his 21 year old son who is disabled

Resolved Question:

Father has died suddenly and his 21 year old son who is disabled requiring a kidney transplant and needs dialysis three days a week and was totally dependent on his father who left no will
The dependent mother died ten years ago and the father remarried
His stepmother has advised there is no money or help for the son
The estate is worth in the region of £600k
Can the son inherit to help him through life.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Generally, if Father had not made a Will, his Estate gets divided in accordance with the strict Intestacy Rules. These rules state that in this case, the Estate is divided as follows-

Wife receives the first £250,000 and all personal possessions.

The remainder of the estate will be shared as follows:

  • the husband, wife or civil partner gets a life interest in half of the remainder
  • the other half is then divided equally between the surviving children.

Therefore, on the basis that Father did leave £600,000 in his sole name, then his Son is certainly entitled to a share as per the above.

Furthermore, whether or not a deceased left a will, certain family members and dependants may apply to court for reasonable financial provision from the estate, under the Inheritance (Provision for Family and Dependants) Act 1975 ("the 1975 Act"). This is often referred to as a claim for family provision.

The intestacy rules must strive to reflect the needs and expectations of modern families. Where the rules (or the deceased's will) fail to make adequate provision for close family members or dependants, a claim can be made by the partner/family member under the Act.

The son should therefore take legal advice just as soon as possible concerning the above, as any claim does need to be made quickly.

I hope this assists you and answers your question.

Kind Regards

AL

Customer: replied 2 years ago.
Many thanks. Bob
Expert:  Aston Lawyer replied 2 years ago.

Thanks Bob.

If I have helped, I would be grateful if you could leave positive feedback, so I may get credited for my time.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10234
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and 3 other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.

Hi Bob,

Can I help any further?

Kind Regards

AL

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