Mrs M has a grown child (no longer dependent), from her first marriage to Mr M
Mrs M divorced Mr M
Mrs M married Mr R
Mrs M and Mr R had no further children
Mrs M died in 2023
Mr R died in 2024
Mr R has no children, & his parents are deceased, but he does have several siblings
Parties believe that a ‘Property Life Interest Trust Will’ was correctly entered into several years prior to the death of Mrs M
With the expectation that a property owned by Mrs M would be passed to her child upon the death of Mr R
However, it’s not been possible to locate the Will
Therefore, please would intestacy rules mean assets of Mr R’s estate (including the property owned by Mrs M) would automatically pass to Mr R’s siblings?
Or would the child of Mrs M have grounds to contest?
In the absence of proof of the will, it would appear that both Mrs M and Mr R died intestate.
Mrs M’s son has:
no entitlement under the intestacy of Mr R (unless he was adopted by Mr R whilst a minor); and
a limited entitlement under the intestacy of Mrs M, after the statutory legacy to Mr R has been satisfied.
Unless there are exceptional circumstances, it is unliley the son can claim a larger share of his mother’s estate, or any interest in Mr R’s estate. However, if he feels agrieved he should seek his own legal advice, perhaps from a member of ACTAPS (Membership Directory : Directory - ACTAPS).
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals