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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I clarify that your late wifes father has passed away after your wife please leaving his estate to be shared equally between his five children and you are seeking clarity as to whether your wife's estate would be entitled to the share he left her. Is that an accurate summary please?
to confirm my late wife's father passed away before my wife did. 30 years ago.
thank you. Has the money he left to his children ( which obviously included your late wife) only just come to light? I'm confused as to why this issue is being raised so many years after your father-in-law's passing.
Yes its only just come to light.
Finally did your wife leave her assets to you entirely on her passing or were they shared between you and others?
Yes she did
all to me
thank you. On the basis that your father-in-law passed away prior to your late wife, and left money to her, then that money would belong to your wife's estate and would follow the terms of her will if she did not make a will the intestacy rules.
accordingly, on the above basis, if your wife left everything to you, then money that has come to light which is due to your late wife comes to you under the terms of your wife's will
We have 2 children. So does the money come to me or to them?
the relevant executors of your late father-in-law's estate may wish to have sight of your late wife's death certificates as well as a copy of any grant of probate that was obtained or in default of which a copy of her will to prove your entitlement to the money in question
Did your wife leave a will leaving everything to you or was no will left?
no will was left
Thanks - may I ask when your wife passed away?
Just the year
it will be 2 years this coming august
Thank you. accordingly, the intestacy rules will apply under which you are entitled to the first £250,000 of her estate which would now include any money she would have been due from her father.
If her estate exceeds £250,000 in total then any amount above £250,000 is divided into two, half of which goes to to your wife's natural or adopted children in equal shares whilst you are entitled to the income from the other half for the rest of your life with the capital going to your children after your death.
Is there anything above I can clarify for you any further?
Not just at the moment. thank you for your help so far
A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.
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