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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son is 20 years old and his father passed away 13 years

Customer Question

My son is 20 years old and his father passed away 13 years ago. His fathers father (grandfather) has just recently passed away and I understand from my son that nothing has been left to him in his grandfathers will. My question is whether my son can claim his dead fathers share of his fathers inheritance ( had he been alive) although his dad died 13 years ago? I always thought that in the event of death if one sibling died, their share would automatically pass over  to their children ?  Instead it seems that my sons father has 2 surviving siblings ( brother and a sister ) and I understand that they have both inherited 50% share each of the estate and nothing set aside for my sons dead father/ or my son for that matter.

Please note that we are from England - UK so would be subject to English law

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was your son in any way dependent on his grandfather?
Dis he have a good relationship with him?
Customer: replied 3 years ago.

My sons father died tragically and the family was left devastated. Got to stage there was animosity and mutually agreed to go our separate ways as all left traumatised . So not my son was not dependent on him.

My son got in contact with his grandparents at the age of 16 at the express wishes of his grandparents as they considered that was the age for him to be able to make his own mind up and make his own decisions and he started to build a relationship with them at their request. His grandfather died this October so my son would have had a good four years contact with his grandfather and the rest of his family.

I raised my son ( from aged 6) without any financial assistance from my ex in laws or their family following the death of my ex husband. My ex husband had paid me no maintenance since we separated in Oct 2000 and subsequently passed away Oct 2001.

I would have thought that logic that if my ex husbands share would have passed to his dependents ( although he had died before his parents) but it seems this is not the case thus reason why I am challenging this as I feel that my son has been financially unsupported by my ex and his family since the age of 6 .....

Expert:  Clare replied 3 years ago.
I am very sorry - but if there is a Will then there is no claim that your son can make.
His grandfather was entitled to leave his estate to whomsoever he chose.
Your son had no financial claim I am afraid
Please ask if you need further details