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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 6615
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I lived with deceased as their daughter from aged 8 to 18

Customer Question

I lived with deceased as their daughter from aged 8 to 18 and continued to acts their daughter and them to recognise me as their daughter and my children as their grandchildren. I cared for them daily in old age. The lady died aged 89 and gentleman died aged 92 with no Written Will. They have no biological children but the gentleman has a sister and a deceased brother who has two grown children. The deceased brother and his children saw the deceased 92 year old possibly 4 times in the last 40 years at family funerals only. Do i have any legal right in English law to any part of the small estate. I would be grateful for your answer. Thanks.
Submitted: 11 months ago.
Category: UK Law
Expert:  Michael Holly replied 11 months ago.

Could you let me know who died first , the lady or gentleman?

Michael

Customer: replied 11 months ago.
Hello Mr Holly,
The lady died 12 Feb 2015 and the gentleman died 20 Feb 2016.
Could I also add that they were my God Parents and I was named after them being Anne Denise, they were Anne and Dennis. My mother dies when I was 3 and we lived next door but one and I eventually moved in to live with them aged 8.
Thanks, Anne
Expert:  Michael Holly replied 11 months ago.

Dear *****e

Where a person dies without leaving a Will the estate passes down a list of family and relatives that the estate passes to.

The estate of Anne would pass to Dennis under this list. The estate of Dennis , which would now include Anne's estate as part of his estate passes under the rules of intestacy to his sister and the children of his brother.

As such you do not have any legal right to part of the estate.

Sometimes a claim can be made against an estate but the court will only do what they believed the deceased had an intention to do and there must be some evidence of that intention.

To give an example if a grandparent commences paying a grandchild money to support them at college , dies and has left no provision to support the child's studies the court may assume that the deceased would have wanted to support the grand child throughout their studies and make provision from the estate to do so. This does not appear to be the position here

I hope this helps if there are any further points please reply.

Best wishes

Michael

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