Wills, grandchildren's intestacy rights, administration priority, property, deeds of variation and support.
This guide is part of ProbateHelp's First Steps guide cluster. Estimated reading time: 8 min.
A grandchild normally takes by substitution if their parent, who was the deceased's child, died first. A surviving spouse or civil partner and the deceased's living children have earlier rights, so the full family tree and date-of-death rules must be checked.
Potentially, where they represent a deceased child of the grandparent and no person with prior entitlement is taking the grant. A living child of the grandparent normally has priority over that child's own children.
Not merely because of the step-relationship. A valid will can provide for them, and a person treated as a child of the family or maintained by the deceased may need advice about a possible 1975 Act claim.
A beneficial joint tenancy passes by survivorship, while a tenant-in-common share passes under the will or intestacy. The deceased's interest can still matter for Inheritance Tax and estate reporting.
There is no automatic right to immediate payment on the first anniversary. Section 44 protects personal representatives from being compelled to distribute within one year, but administration time depends on tax, assets, liabilities and claims.
A deed of variation may redirect an entitlement within two years of death. Tax read-back requires the correct written statements and conditions; obtain advice rather than treating every family gift as automatically effective for IHT or CGT.