Emyr Pierce

Professional Legal Services | Cardiff

Cardiff: 029 2061 6002

  • Facebook
  • Twitter
  • LinkedIn
  • Google+
  • Home
  • About
    • Team
  • Expertise
    • Residential Conveyancing
    • Commercial Property
    • Wills
    • Elderly Client Services
    • Estate Admin and Probate
  • Blog
    • Property Doctor
  • Fee Estimates
  • Quote
  • Contact
You are here: Home / Archives for Died Intestate

Sep 23

My father died a widower without leaving a Will. Do his estranged sons have a claim?

My father died a widower without leaving a Will.  I thought I was his only child but it appears he had two sons by a previous marriage who are making a claim against his Estate, which includes two properties.  He had no contact with them in more than 40 years.  Do they have a claim?

Unfortunately, your father died without making a Will and his spouse had predeceased him. In the absence of a Will he will be deemed to have died Intestate.

In an Intestacy assets will pass in accordance with the Intestacy Rules which is an attempt to anticipate what the deceased would have done had he made a Will. The order of beneficiaries entitled will dictate who is entitled to his Estate.

As he died a widower, but leaving children, then ALL of his children will share his Estate equally.  Sadly, despite not having seen anything of his other children for over 40 years they are undoubtedly his children, just as you are.  Therefore, all three of you will be entitled to share your father’s Estate equally.

In other words all three of you are entitled under the Intestacy Rules and his two sons need not necessarily make a claim against his Estate as they are absolutely entitled in any event.

This is different to two estranged sons who suddenly make a claim against an Estate where there may have been a Will leaving everything to you.  In those circumstances their claim would not succeed unless they could show that they were dependants of your late father and, after no contact in 40 years, this would be impossible to prove.

It is examples such as this which emphasises the importance of making Wills – particularly if you have children by a previous marriage or previous relationship.


* Emyr Pierce is Managing Director of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Post in: News

Mar 31

Father’s ‘lost’ sons will share his Will

My father died a widower without leaving a Will. I thought I was his only child but it appears he had two sons by a previous marriage who are making a claim against his Estate. He had no contact with them in more than 40 years. Do they have a claim?

Unfortunately, your father died without making a Will and his spouse had predeceased him. In the absence of a Will he will be deemed to have died Intestate. In an Intestacy, assets will pass in accordance with the Intestacy Rules which is an attempt to anticipate what a Testator would have done had he made a Will. The order of beneficiaries entitled will dictate who is entitled to his Estate.

As he died a widower, but leaving children, then ALL of his children will share his Estate equally. Sadly, despite not having seen anything of his other children for over 40 years they are undoubtedly his children, just as you are. Therefore, all three of you will be entitled to share your father’s Estate equally.

In other words all three of you are entitled under the Intestacy Rules and his two sons need not necessarily make a claim against his Estate as they are absolutely entitled in any event. This is different to two estranged sons who suddenly make a claim against an Estate where there may have been a Will leaving everything to you.

In those circumstances their claim would not succeed unless they could show that they were dependants of your late father and, after no contact in 40 years, this would be impossible to prove. It is examples such as this which emphasises the importance of making Wills – particularly if you have children by a previous marriage or previous relationship.

Post in: News

Newsletter

Recent Posts

  • We are recruiting: Audio Typist
  • We are recruiting: Receptionist
  • Fee Estimates- Uncontested probate cases where all assets are in the UK
  • Welsh Government introduces tax holiday for Welsh homebuyers
  • Supporting our clients through COVID-19

Topics

adopted highway Anti-Eviction Laws asset assets Assured Shorthold Tenancy boundary fence Cardiff Cardiff conveyancing solicitor conveyancing Council Tax covenants deposit Easement of access Emy Pierce Solicitors Emyr Pierce Emyr Pierce Solicitors Estate Estate Agent Exchange of Contracts Freehold gift Inheritance Tax Intestacy Rules Joint Tenants landlord Land Registry Lasting Power of Attorney Leasehold Leasehold property mortgage application mortgage arrears mortgage repayments neighbours Planning Permission Possessory Title property Property Dispute restrictive covenants Solicitors specialist property solicitors Stamp Duty Tenancy Agreement Tenants in Common Title Deeds Will
    Emyr Pierce Solicitors provides professional legal services to both private and business clients.
    Conveyancing Cardiff | Commercial Property | Privacy Policy | Complaints Procedure | Contact

    1 Heol y Deri, Rhiwbina, Cardiff, CF14 6HA

    Copyright 2019 Emyr Pierce Solicitors