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Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 9103
Experience:  LLB(HONS) Over 20 years legal experience specialising in Property law and Wills/Estates
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My fathers mother died in 1993, leaving her property to her

Customer Question

My father's mother died in 1993, leaving her property to her husband - my father-in-law - with the assumption that it would be passed on to her children. The estate included two houses and furniture. My father-in-law died intestate in October last year. He had remarried in 2002.

His second wife has refused communication of any kind with my husband or his sibling - the entire contents of my father-in-law's estate, including childhood photographs and journals of my husband's childhood, antiques and journals belonging to his mother etc - are in the hands of his widow. Is there any claim that can be made on his estate if no will has been found? If the answer is no, is there a claim that can be made when his widow dies, or is it the case that my husband's childhood belongings would be passed to her decendents?
Submitted: 1 year ago.
Category: UK Law
Expert:  Aston Lawyer replied 1 year ago.

 

Hello there,

 

Thanks for your enquiry.

 

I am afraid to say that as there was no Will, the Rules of Intestacy are that all personal items/chattels of your father in law passed to his new wife.

These personal items therefore belong to his widow 100% and she is free to retain them/ do with them as she so wishes.

Likewise, upon her death, it depends on who she leaves her personal belongings to in her Will, or if she does not leave a Will, they will pass to her children.

 

Legally, there is nothing you can do to change the above scenario- it is not possible for any claim to be made against either your father in law's Estate or his wife's estate whenever anything happens to her. Your father in law should really have made a Will, leaving these items to your husband if he wanted to guarantee that your husband would receive them.

 

I am sorry this is not the answer you were looking for, but if I have assisted I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

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