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If man with no wife or children leaves his estate to charity…

Customer Question
If man with no...

If man with no wife or children leaves his estate to charity has his sister any right to part of his estate

Lawyer's Assistant: Estate laws vary by state. What state are you in?

In uk

Lawyer's Assistant: What documents or supporting evidence do you have?

Have not seen will because notaire will not show it. Have proof of relationship

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Sister died after brother

Submitted: 5 months ago.Category: French Law
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Answered in 40 minutes by:
8/25/2017
Barrister: Aston Lawyer,
 replied 5 months ago
Aston Lawyer
Category: French Law
Satisfied Customers: 10,694
Verified

Hi, thanks for your enquiry.

It is a fundamental principle of English law that a person should be able to dispose of their estate as they see fit, but certain family members and other dependants can challenge a will if they feel they have not received “reasonable provision” from the deceased.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals the right to bring a financial claim against the estate of a deceased person. A surviving spouse is entitled to a higher standard of provision than other claimants, such as children, who are limited to reasonable provision “for their maintenance”.

However, as a sibling, you have no automatic right to any part of your brother's Estate and unless you were financially dependent on him, then I am afraid to say that you won't be entitled to make any claim against his Estate.

I am sorry this is not the answer you were looking for, but it sets out the legal position. If I have answered your question, I would be grateful if you could rate my answer in the top right hand corner of your screen.

Thanks

Kind Regards Al

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Customer reply replied 5 months ago
I thought that you are dealing with French law and my question to France
Barrister: Aston Lawyer,
 replied 5 months ago

I do apologise- your question has been posted in UK Law category. I will get one of the moderators to change this.

Kind Regards Al

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Barrister: EULawyer, Lawyer replied 5 months ago
EULawyer
EULawyer, Lawyer
Category: French Law
Satisfied Customers: 270
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
Verified

Dear Customer,

I am an EU continental legal expert, with a Licence of law in France. The answer to your question, under French law, is that someone with no spouse, no living children, and no living parent, can leave their estate to absolutely anyone they choose. The siblings (sister) or anyone else have no claim to the estate of the deceased if there is a Will, since the only persons with an absolute claim are spouses, children and parents.

However, the sister does have an absolute right to see the Will, and if the notary refuses, then she should go through the courts. The point is that the Will might have left only some of the property to a charity. So, in other words, if someone leaves their entire property to a charity, then the sister has no right to it, it is a right to be able to see the Will, to check that it is interpreted correctly, and maybe even contest it if, for example, it was made in very old age / when dementia struck / for other reasons of form or validity.

If the Will does not leave the entire estate to charity, or is partly or wholly invalid, then the sister does indeed stand to inherit, as the first heir, whatever is not covered by the Will, or even the entire estate (if the Will is wholly invalid).

I hope my answer, while I understand it is not perhaps what you wanted to hear, will be useful, and look forward to your rating, which is essential to my activity.

Cordially,

Dr I L Vlad

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EULawyer
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