Are The Children Entitled To Inherit?

Are My Children Entitled To Inherit?

Entitled to inherit or not? I am wondering whether you could advise me if we have a case: are the children entitled to inherit anything?.

My aunt passed away 5 years ago and did not have a Will. Her husband immediately stated that her other children from a previous relationship, would not be getting anything and that their house was for his children only.

He has since made his own will leaving their house to his two children leaving my uncles other children with nothing. Are his other children entitled to make a claim against this, can they fight his will or make a claim on a percentage of the house once he has died etc? We as a family feel that they should be entitled to something at least as she would of wanted her children to ALL have a share.

Any advice or tips would be greatly appreciated

Probate Answer.

Whether the children are entitled to inherit, It does depend on the value of the estate and how the home was owned, so there is no simple answer.

It may well be that they owned the house as joint tenants, so it would have belonged to her automatically.

If there was a substantial additional estate, then the “ex” children could well be entitled to inherit a share. See attached.

That is why it is so vital in these cases to take proper professional advice. See for one suitable arrangement.

From that you will see that the home is owned 50% / 50% and the survivor is left the right to reside in the other half of the property which used to belong to the deceased partner.  When the second partner dies, each half of the property is deal with under the Will of the original (50% owner.) So each partner gets to leave their share of the  property to whomever THEY chose, without disadvantaging the survivor, who get to use the home for as long as they need to.  Then the shares of the property are distributed as the original half owners each wished, even if the survivor subsequently remarried.

Kind Regards

Are The Children Entitled To Inherit?