# intestate, no relatives except step children



## benny fitt (12 Aug 2011)

A friend has a step mother with no living relatives who has not made a will and is now cognitively impaired.
1) Do step children rank for succession at all?
2) Would a will now made by the cognitively impaired person be valid?
3) How does the state become aware of an estate that has no succession and will default into state ownership.
4)would a step child in residence in a property continue to have a right of occupation?
5) would a step child who took up residence after the demise of the step parent be illegally squatting?

Any light that can be shed on this situation would be greatfully acknowledged!


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## 4th estate (12 Aug 2011)

For Inheritance Tax purposes a child includes a stepchild. I presume the same would apply to the Succession Act on intestacy rules, but am not sure about that.

A will made when someone is not compos mentis is invalid AFAIK

Re the State knowing about an estate with no relatives, often a friend or neighbour will do it. The Succession Act has a clause in it where the Minister can appropriate some of the estate to someone who looked after the deceased.

A step child in residence would be ok if they are entitled under intestacy to be there.

A step child (or anyone else) who takes up residence after the death of the owner would be taking a chance really, unless they are entitled to do so under the rules of intestacy.

I am no expert in the law, but have an interest. I am happy for someone with more knowledge than myself to point out inaccuracies in what I have said.

A little knowledge can be a dangerous thing!!

At the end of the day, proper legal advice is the only route to go. And I think you know that too.


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## hastalavista (16 Aug 2011)

benny fitt said:


> A friend has a step mother with no living relatives who has not made a will and is now cognitively impaired.
> 1) Do step children rank for succession at all?
> 2) Would a will now made by the cognitively impaired person be valid?
> 3) How does the state become aware of an estate that has no succession and will default into state ownership.
> ...


1 if she dies intestate: no
2 no
3 assets cannot be sold without being put through probate/administration
4: no unless the paperwork is there giving a right of tenancy
5: Yes


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## csirl (17 Aug 2011)

I assume her husband has predeceased her. Step children can only inherit if they were legally adopted by the step parent. Otherwise the estate goes to blood relatives. If no blood relatives, then it goes to the State.


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