Husbands estate

[prestige1964]

Husband lived in Mothers house with his mother, wife and two children for eighteen years, in his mothers will, estate to be divided between husband and sibling, husband dies with debts and with no assets mother dies four days later, due to succession act wife and children inherit as if husband dies after mother, is the estate regarded as husbands or his wife and children's, husband's credit card debt sold by original company, new company looking for money three years on.

 

[mf1]

See below.

mf

The effect of s.98 is that the pre-deceased child’s entitlement under the Will is distributed to their Estate which in turn will be distributed in accordance with the Will of the pre-deceased child or under the Rules of Intestacy applying to that child’s Estate if they had no valid Will. There is a critically important distinction between what happens where there is no valid Will (“intestacy”), in that case a grandchild receives their pre-deceased parent’s share whereas where there is a Will leaving a share to a pre-deceased child the fact of the existence of the grandchild prevents the bequest lapsing but the grandchild does not necessarily receive any benefit. Such grandchild will only benefit if their deceased parent had made a Will leaving a part of their Estate to them or if they happen to benefit under the Rules of Intestacy as applied to their parent’s Estate.

 

[prestige1964]

Thanks for the reply, son had no will,there was a share left for grandchildren in their grandmothers will, Does the company looking for payment of credit card debt, entitled to it three years later, is it still classed as the deceased sons estate

 

[mf1]

"is it still classed as the deceased sons estate"

I think it is. I don't think it passes straight from the grandmother/mother in law to the ultimate beneficiaries - it finds its way to the husbands estate and is then distributed out of his estate.

mf

 

[prestige1964]

Thanks, difficult to get the correct answer on that one