Thread for members who pass away, or become seriously ill.

[Rex_Tremende]

And if the spouse goes first? How are the assets divided over there when the second one goes? What if there is no spouse or there are no descendants? What if it's a second marriage and there are multiple families involved? What if the inheritance would create a special burden for those who would receive it? Is having the state decide how to dispose of your assets really the best way in most cases?

Regards,
Rex.

[Chas]

And if the spouse goes first? How are the assets divided over there when the second one goes? What if there is no spouse or there are no descendants? What if it's a second marriage and there are multiple families involved? What if the inheritance would create a special burden for those who would receive it? Is having the state decide how to dispose of your assets really the best way in most cases?
Regards,
Rex.

Rex, I agree completely. I made my first will in 1976 at the age of 24, just before a tour in Northern Ireland. As it happened, it was almost needed - I spent three weeks in a coma due to an IRA car bomb.

It has been updated, more or less, about every two years. My wife and I have our eyes checked and new glasses every two years and that acts as an aide memoir to have a look at our wills.

There are many procedures in the UK which, although advisable, do not require the use of a solicitor. Making a will is one of them. One can buy 'Do It Yourself' will packs, which are really excellent for the layman. In general, will making is seen as a solicitor's 'cash cow', which they come back and milk on a regular basis.

To go through your points as best I can:

And if the spouse goes first?

Then they do not inherit. The inheritance passes to the next heir. Many wills have a 28 day survival clause.

How are the assets divided over there when the second one goes?

Although husbands and wives can make a joint will, in essence there are two wills on the same sheet of paper. Unless there in a disaster of some sort and a couple die together, one will usually predecease the other. Who ever dies last disposes of the inheritance through their will. If there is a disaster, and with no evidence to the contrary, there is a 'legal fiction' that the wife outlived the husband and her will is the last one enforceable (this principle also works in parent / child relationships - the child outlives the parent).

What if there is no spouse or there are no descendants?

After the payment of all debts (public and private), the inheritance is put into abeyance for seven years. After that time, if no heir is forthcoming, the State inherits.

What if it's a second marriage and there are multiple families involved?

All children born in wedlock inherit equally (if there is no spouse). A divorced wife inherits nothing.

What if the inheritance would create a special burden for those who would receive it?

Bad luck. There have been many cases where a testator has willed something (land, buildings, businesses for example) to someone to stop them from doing something else (emigrating, starting another business, going down a different career path). An heir does not have to inherit - they can refuse the inheritance, but they cannot pick and choose. They inherit what is alloted to them or they give it all up (forever).

Is having the state decide how to dispose of your assets really the best way in most cases?

No, but it is a system that works. In cases of intestacy, where there is no clear cut heir, the coroner will appoint an 'Official Solicitor'. His job is to get the best deal for the survivors even at the expense of the State. They used to have to make a little speech at the start of all proceedings - "I am the Official Solicitor - I speak for those who have no tongue; I see for those who have no eye; I walk for those who cannot stand; I strive for those who have no strength..." and it goes on for another paragraph calling upon God and the Sovereign to aid and assist him in his task.

In most cases of intestacy the inheritance goes wholly to the spouse. If no spouse then all children born in wedlock equally. If no children, then grandchildren (again in wedlock) equally. If no grandchildren then nieces and nephews (in wedlock) equally. The inheritance does not go up wards to parents or uncles and aunts, nor does it go sideways to brothers and sisters or any other 'in-laws'. If there are no spouses or children or grandchildren or nieces or nephews, then the Official Solicitor will entertain claims by surviving relatives and will allot the inheritance (often by need rather than closeness to deceased). His ruling can be challenged, but rarely successfully.

I hope this has been of some use and I hope I have explained it properly.

Regards

Chas

[piperdbh]

If you have Mozilla Firefox, then you have the option of your computer remembering your login and password for everything you log in to. (Other browsers might offer the same option.) With all those passwords already remembered, it shouldn't be too hard for a spouse or executor to log in and inform the folks on your forums or chat rooms or whatever else about your condition. That might make it easier on the person responsible for informing us about a member's health or death, or to check the status of something ordered online, or pay the light bill.

Regarding the info Chas posted, I heard from a US attorney recently that if a person dies, the surviving spouse gets half and the surviving parents get half. If there are no surviving parents, then the spouse gets the whole shebang. Is that true, or was that just in North Carolina?

[SteveB]

In the United States, each state sets its own laws on inheritance. There are currently fifty-two different sets of laws on inheritance. Fifty states, the District of Columbia, and the Territory of Puerto Rico. I live in Massachusetts where my spouse gets it all, no spouse - then to our children, no children - Commonwealth of Massachusetts. A small notebook is in the file folder with my will. In it is any special instructions, websites, account numbers, passwords, security words, etc. Every time I make a change it is entered in the notebook. On our birthdays we review the notebook and the will.
Slainte