Succession Act 1965

Offy

Can someone please explain the Succession Act of 1965 in plain English? I've looked it up but Im not a solicitor so it makes little sense to me.

Wantobe

At the risk of being blindingly obvious, I feel that you should be more specific.

The Succession Act is rather wide ranging!;)

Offy

Wantobe wrote: »

At the risk of being blindingly obvious, I feel that you should be more specific.

The Succession Act is rather wide ranging!;)

My ex-wife passed on in 2005, we had three children together. We also had joint custody, one week with me followed by on week with my ex. After she died her family of origin refused entry to her house to our children, They divided up her possessions and our childrens possessions between themselves excluding our children. Im trying to find out if our children have any legal rights to their possessions. I have spoken to a solicitor with the view of taking a case against them but as they have taken a access/guardianship case against me the solicitor said it would look like bitterness for me to take a case against them and this would stand against me in the access/guardianship case.
It seems that although the children were minors at the time they should be entitled to their possessions regardless. Additionally I feel that our children should have had their choice of their mothers possessions after she died, not the house, insurance, etc. but her books, favourite armchair, etc. Would I be better off with a different solicitor or is my solicitor correct in his opinion? Under the succession act of 1965 what rights do my children have?

blueythebear

Offy wrote: »

My ex-wife passed on in 2005, we had three children together. We also had joint custody, one week with me followed by on week with my ex. After she died her family of origin refused entry to her house to our children, They divided up her possessions and our childrens possessions between themselves excluding our children. Im trying to find out if our children have any legal rights to their possessions. I have spoken to a solicitor with the view of taking a case against them but as they have taken a access/guardianship case against me the solicitor said it would look like bitterness for me to take a case against them and this would stand against me in the access/guardianship case.
It seems that although the children were minors at the time they should be entitled to their possessions regardless. Additionally I feel that our children should have had their choice of their mothers possessions after she died, not the house, insurance, etc. but her books, favourite armchair, etc. Would I be better off with a different solicitor or is my solicitor correct in his opinion? Under the succession act of 1965 what rights do my children have?

Did your wife leave a will or not? Did she remarry after your divorce?

If she left no will, your children may have been entitled to something and if she left a will and did not give anything to the children then they can challenge the will under S117 Succession Act 1965.

I presume she did leave nothing tothem in the will and that your reference to your solicitors' recommendation to not take a case refers to a S117 case. I can't see that it would go against you in the custody matter to take such a case but if your solicitor is saying that it would, I would suggest that there is some information specific to your circumstnaces that your solicitor knows that I don't.

You could always get a second opinion from another solicitor. There's no problem with you changing solicitors if you are unhappy with oyur current one.

Offy

blueythebear wrote: »

Did your wife leave a will or not? Did she remarry after your divorce?

If she left no will, your children may have been entitled to something and if she left a will and did not give anything to the children then they can challenge the will under S117 Succession Act 1965.

I presume she did leave nothing tothem in the will and that your reference to your solicitors' recommendation to not take a case refers to a S117 case. I can't see that it would go against you in the custody matter to take such a case but if your solicitor is saying that it would, I would suggest that there is some information specific to your circumstnaces that your solicitor knows that I don't.

You could always get a second opinion from another solicitor. There's no problem with you changing solicitors if you are unhappy with oyur current one.

She made no will and she did not remarry. Its more the childrens possessions Im concerned with and not her possessions.

234

Go see anothe solicitor, but if she died intestate (no will) then the children are entitled to everything. Section 67(3) of the Succession Act 1965.

Tom Young

Charter.