A person who dies without a will is said to die intestate. State laws of intestacy establish who inherits, and in what percentage. Surviving spouses usually inherit the entire estate except in the case of surviving children who are entitled to usually two thirds, while the surviving spouse inherits the remaining one third. Rules vary from state to state.
Question: Scottish Succession Law? If your spouse dies intestate (without a will) and you jointly own, for example, £28,000 worth of furniture (moveable asset), does it automatically go to you or is it distributed according to laws of intestacy?
Thank you
Answer: as a scot i can tell you that scottish & english laws are totally different there are many grey areas chidren /step chidren are concerned you could look up the following sites where there are different avenues you could explore
www.scotswills.co.uk
www.scotland.gov.uk/pulications/2005/0…
you may find info to help. dad died few years ago without leaving a will & because I was from a previous marriage it then made me a step child whereas my half brother & sister were children of that marriage & therefore legally entitled to dad's estate with their mother (my step mother ) & i was entitled to nothing
best of luck with your quest & the outcome is what you want.
Question: Irish Wills, Intestacy and probate help needed? Hi,
My father remarried a while back and does not have any children with his new spouse, although he has me from his first marriage.
He has a will that has not been updated since he remarried, which makes me the executor and beneficiary.
What is the distribution of estate in these circumstances?
Is the existing Will voided, since the second marriage? or
Is he considered Intestate upon death?
What rights to property does the surviving spouse have?
Under the Succession Act 1965, some is made clear but I do not think that this covers our case as the original Will does not currently recognise the 'second wife' scenario.
Until he gets a new Will drawn up, for even distribution of the estate, he would like to know where his wife stands?
Is it Intestacy will be declared and two thirds of the estate goes to surviving spouse?
Many thanks for in advance for your help, guidance and any pointers to test cases that may exist under Irish Law.
Answer: http://www.global-wills.com/legalireland…
The above should help, the first will is invalid. The new wife will get 1/3rd if your father dies intestate. A new will is needed but it doesn't have to include anyone in particular especially as you are all adults
