Battle for Inheritance
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G.D. writes: My partner’s brother died on his way to New Zealand to visit another brother. Their younger sister claims there is a will saying she is to inherit the house and contents. She says she has a document naming her as his next of kin. No will has been produced and we know it is not at the bank or with a solicitor. To sum up, the brother who died has left two surviving brothers and a sister. Can she inherit the estate without a will?The simple answer is no, your partners sister cannot inherit her brother’s estate without a will naming her as sole beneficiary. If no will is found, intestacy laws made almost a century ago set out who gets what. First in line would be a spouse, followed by children, but as you have not mentioned them, I assume the deceased had neither. I also assume the deceased’s parents are already dead. If this is the case, brothers and sisters come next – and in equal shares. If your partner’s sister is claiming more than her share, he should see a solicitor. There is nothing to stop your partner applying for a Grant of Letters of Administration, putting him in charge of the estate and its distribution and this might well be a sensible precaution.
This is an article taken from The Mail on Sunday 18/05/08
