If one parent dies

Discussion in 'Askaboutlaw' started by dodo, Jun 26, 2006.

  1. dodo

    dodo Frequent Poster

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    Just woundering if one parent dies, You know where a parent dies and it is said 1/3 of house is for kids, does this mean that if parent who is left sells the house they must give 1/3 of profit to kids,
     
  2. mf1

    mf1 Frequent Poster

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    Re: If one parent die's

    Like so many things - it depends. Was there a will? What are the precise terms of the will? Was there no will? Can remaining spouse seek to appropriate family home ? What do family wish to do?

    mf
     
  3. cjh

    cjh Frequent Poster

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    Re: If one parent die's

    In the absence of a will, the spouse 'inherits' 2/3 of assets with the remaining 1/3 to be shared equally between children.
     
  4. dodo

    dodo Frequent Poster

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    Re: If one parent die's

    Does that mean that a child could then force sell of house to get their share if no will was made
     
  5. jpd

    jpd Frequent Poster

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    In theory, yes.

    If a will is made then 100% could be left for spouse. Children would have a right to apply to court for a share of estate but they have no guarantee that the court would give them anything - it would depend on the circumstances.
     
  6. europhile

    europhile Frequent Poster

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    Is this hypothetical?
     
  7. dodo

    dodo Frequent Poster

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    Yes
     
  8. cjh

    cjh Frequent Poster

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    AFAIK If the 'child' is over 18 then they could - best confirmed with a solicitor!
     
  9. ClubMan

    ClubMan Frequent Poster

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    In such a case does the FHPA have any bearing on matters?
     
  10. dats_right

    dats_right Guest

    No would be the answer club man. The FHPA purpose is to render void any 'conveyance' of any interest by one spouse without the prior consent in writing of the other spouse. Conveyance does not include the devolution of property on death.

    Essentially, it boils down to whether there exists a valid will dealing with the deceased parents estate. If there is a will and the testator left nothing to the kids, then the only recourse is a s117 application (i.e that the parent failed in their moral duty to provide for the child), but there is quite strict time limit for bringing an application (6 months- I think). If the parent died intestate than the position, is that 2/3 of the estate goes to other spouse and the other 1/3 is to be divided by the kids. If you are chasing your % of the 1/3 share you will probably need the help of a solicitor.
     
  11. ClubMan

    ClubMan Frequent Poster

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    Thanks - just wondering.
     
  12. Gordanus

    Gordanus Frequent Poster

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    And if the will made was madly unfair, with everything left to one adult child, a life-interest in the house to the spouse but the adult 'children' who cared for the parent through his/her illness got nothing? Just interested as keep hearing about families being torn apart over wills that seem really unfair. You'd wonder what makes the testators do it.
     
  13. jemmi

    jemmi Registered User

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  14. sweet bear

    sweet bear Registered User

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    just on that note, my mam died recently she made no will, i live in the family home, my brother moved out 2 years ago, Is he entitled to move back in? or can I sell and give him is share?
    sweet bear