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Property Distribution In Different Family Inheritance System

By Virginia Roberts


The process of distributing the property of a deceased person is not an easy task. Actually, where an individual has died without leaving a written will, cases may arise as who to who is supposed to benefit from the estate. However, the system of inheriting estate usually varies in different families and society. Even with this variations, there is a common rule of law, which must be applied during the process of dividing the property especially when there is no written will by the dead person. Nevertheless, over the time, Family inheritance system has been changing and it is taking the modern way of estate inheritance.

The process of distributing property to the beneficiaries involves a lot of steps. However, there some rules, which are usually in operation to help during this process. This rules are commonly referred to as the rule of intestacy. Under this rule, married couple, civil partners, children, and all relatives are entitle to assets ownership. They are commonly referred to as beneficiaries.

In case of married couple or people in civil relationship, the rule of intestacy will only be in operation if such couple are in civil marriage or partnership at the time the death of one partner. In case you have been divorced, or the marriage has been legally terminated the rule of intestacy will not be applied during the process of distributing the property. However, in case partners were separated under no clear circumstance, these rules can still apply.

In case individuals have joint property ownership, there is a way of distributing the estate during the event of death. For instance, during the event of death, if partners where in a joint tenancy, the surviving partner will immediately inherit the assets. If they were in a common tenants, the surviving couple will not directly be the immediate owner of the whole property.

Sometimes, it can happen that the parents dies under different circumstances. During such cases, the intestacy rule states that, the biological children ought to be the immediate beneficiaries of the estate of the deceased. If in case the children left behind are two or even more, then every child stand an equal opportunity to get equal share of given assets.

There are other case where all the parents, grandparents and children may not be a life after when the death of a given property owner has taken place. If such a case ever exist, the property is supposed to be handed over to the grandchildren. In such a case, it ought to be distributed in such a way that, they get a share equal to that the beneficiaries would have got if they were alive.

Other relatives who are close to the testate are also supposed to get a certain amount of share though this will only apply under particular circumstances. For example, if there is no surviving couple. Again, in cases where children, grandparents, and grandchildren are not alive, close relatives are entitle to get some shares of the assets left behind by the deceased.

There is also a way to handle assets, which have no beneficiaries. For instance, if there are no successor, the assets will be passed on the crown. Once this has happened, the treasury solicitor will have the mandate of ensuring that the assets of given to the recommended next of kin.




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