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Originally Posted by andy 1
hello SMHARMAN
the deceased persons wife left him years ago,they did not divorce and the wife died 13 years ago.
the so called step children have now stepped in and taken charge of the funeral and told the deceased persons sisters that they have taken legal advice, and they are entitled to everything belonging to the deceased because there mother (dead 13years) left him but did not divorce him or he her,and that they are his step children with the same rights in law as if they had been his real children (blood).
no i am not the deceased persons brother i am his nephew.
regards
andy 1
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Assuming we're in England and Wales (not scottish law) and that both were born in the UK
The estate will be
"Shared equally between them (brothers and sisters) or their issue (2). If your estate is worth more than £250,00 0 IHT will be payable (3)."
'Issue' means children (including illegitimate and adopted children but not step-children), grandchildren and great grandchildren, etc.
Sounds like some dodgy legal advice these step kids have got. Now the Sisters should get some advice, assuming there is an estate worth worrying about. The sisters can obviously decide to share the estate in a manner different to that set out by intestacy law, but that is their decision not the step kids.
If he was considered a proper father to the step kids the sisters should ethically take this into consideration, but legally there is no need.
If he cared how his estate was divvied up then he would have made a will (
he says going off to make a will).