Q: My mother died a few years ago and my father has recently passed away. I have one biological sibling and two step siblings (from my mother, not my father). My father, however, treated all of us exactly the same and raised all four of us as his own. I do not think he left a Will, although I do not know where to start. If he did not leave a Will, can I assume that the estate is to be divided equally between the four of us children?
A: You should first establish whether your father left a Will or not, as if he left a Will you would carry out his wishes. However, if he did not leave a Will the intestacy provision would prevail. The intestacy rules decide where the estate passes in the absence of a Will. If your father did not formally adopt your step-siblings, then the intestacy rules would determine that his estate is divided only between his biological children, meaning that your step-siblings would not receive anything from the estate.
You may first wish to carry out a Will search to see if one exists. You would not want to divide the estate as per the intestacy rules and then later find out there was a Will, as the beneficiaries of the Will might then make a claim, which would impact you.
Even if no Will was made, if you and your step-siblings were all on the same page and all agreed to divide the estate between the four of you, this could be achieved through a deed of variation. However, if this is the case you should speak with a solicitor as soon as you can and act fast, as there are important timelines to consider, particularly when the issue of inheritance and capital gains tax arises.
This question has been answered by Victoria Wilson, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
