# Inheritance - children of deceased not informed.



## csirl (10 Jan 2008)

Here's a real situation I've recently come across:

Couple marry and have 3 children. Then father decides that he wants out of marriage and does a runner. Several years later, mother gets legal separation.

Years later, family discovered that the father is living with a new partner (not married) and has 3 children with her. Not much contact between both sets of children from that point forward, but they did meet on one occasion and are fully aware of the existance of each other.

Roll the clock forward a couple of decades. 

3 children from original marriage discover that father died 2 years previously without a will. Children from second relationship were granted "grant of adminstration" over his estate and divided it between themselves, claiming that they are next of kin to the deceased. In filing the legal paperwork, they neglect to include that the deceased had 3 children from his marriage and these 3 children do not get share of inheritance.

What steps can the 3 children take at this stage?


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## Stifster (10 Jan 2008)

In the first instance they have six years from the date the interest became due within which to sue the estate.

I would be suing the estate and the administrators and to do that they shoudl be instructing solicitors immediately.

Do they know if there was much money in the estate, are they likely to be able to recover from the 2nd three?


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## csirl (10 Jan 2008)

Thanks, estate was a house - worth c.400k at the time. Net worth of the 3 is unknown.


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## mathepac (12 Jan 2008)

Stifster said:


> Do they know if there was much money in the estate, are they likely to be able to recover from the 2nd three?



Any suit would be brought against the personal representative(s) / executor(s) of the estate of the deceased, assuming all of this happened in this jurisdiction.   


Executors sign up for responsibility to all beneficiaries (identified or not) including the Revenue when they agree to undertake the task. Any subsequent recovery from the original beneficiaries is the responsibility of the executor, but he/she is liable.


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## RainyDay (13 Jan 2008)

Did the executor know of the existence of the other children?


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## Stifster (13 Jan 2008)

mathepac said:


> Any suit would be brought against the personal representative(s) / executor(s) of the estate of the deceased, assuming all of this happened in this jurisdiction.
> 
> 
> Executors sign up for responsibility to all beneficiaries (identified or not) including the Revenue when they agree to undertake the task. Any subsequent recovery from the original beneficiaries is the responsibility of the executor, but he/she is liable.



It would appear that the beneficiaries were the administrators.

The question still stands as to whether they are worth pursuing.


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## ACA (13 Jan 2008)

As an aside, I can't understand in this day and age why someone wouldn't have a will. Its not exactly rocket science and providing that you have some idea of the property and belongings that you have, quite easy to draw up. 

Saves a lot of heartache for the loved ones that you leave behind. Our brief did ours FOC when she did our conveyancing.


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## RainyDay (13 Jan 2008)

ACA said:


> As an aside, I can't understand in this day and age why someone wouldn't have a will. Its not exactly rocket science and providing that you have some idea of the property and belongings that you have, quite easy to draw up.


I'm having huge difficulties persuading my parents-in-law (in their 60's) to make a will.


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## mathepac (13 Jan 2008)

Back on topic.



Stifster said:


> It would appear that the beneficiaries were the administrators.
> 
> The question still stands as to whether they are worth pursuing.



Sorry, I forgot that bit.

Don't the administrators have to submit an affidavit stating they have used their best endeavours to identify possible beneficiaries? If this is the case, they lied in sworn statements. Is this an offence in law?


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## ACA (13 Jan 2008)

RainyDay, I believe you, had similar problems with my sister-in-law and her husband. The way that I got them in the end was to say that the treasury would get 1st bite of the cherry and that in the event of their wishes being unknown, they could be buried instead of cremated etc. If your in-laws have a lot of possessions and property - could cause a divide in the family thats left behind!

I think a lot of people baulk at drawing up a will cos they think its morbid! Sure we're all going to die at some point!! All a will is, is a list of instructions, a way of making you wishes known to some-one else - a glorified shopping list really.

Drawing up my own will, I found was very reassuring - knowing that when the time comes, my family know what I would have prefered and fingers crossed no rows!!


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## Nige (14 Jan 2008)

ACA said:


> RainyDay, I believe you, had similar problems with my sister-in-law and her husband. The way that I got them in the end was to say that the treasury would get 1st bite of the cherry and that in the event of their wishes being unknown, they could be buried instead of cremated etc.


 
So you lied to them?


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## flumuxed (18 Feb 2010)

oops sorry wrong button


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## Mynydd (19 Feb 2010)

ACA said:


> As an aside, I can't understand in this day and age why someone wouldn't have a will. Its not exactly rocket science and providing that you have some idea of the property and belongings that you have, quite easy to draw up.
> 
> Saves a lot of heartache for the loved ones that you leave behind. Our brief did ours FOC when she did our conveyancing.


 

I wonder that sometimes - is it not easier to die intestate so that every child gets automatically 1/3, as per Succession Act 1965?


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