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Who will be the legal beneficiary, without a will?
Question
My brother, who has passed away, had been separated from is wife for over 13 years, with no contact with either her or his child. The separation was not mutually agreed upon as the ex had left without a word, taking away their daughter. No legal action had been taken by my brother regarding the matter or child custody in the hopes of solving the matter, but there are copies of letters he had written her, having mentions of the separation, her affair, and of NC filed against her after she physically assaulted him. Due to goodwill, I informed her of his death as to perform death rituals. She comes. Claims assets of my brother. There are no assets for them as my brother had made us, me and my elder brother the nominee for all of his bank accounts and life insurance. There is no will. His daughter is now legally an adult. The only mention of her is in the year 2013, where he has made her the beneficiary of one of his life insurance and nothing else. Before passing away, a few months before, he had made a few life insurances, nominating us as the beneficiaries and a few FD’s have our late mother has the nominee, these accounts are all linked together with savings accounts that has us as the nominee.
The question is:
Who is the legal heir of all the assets now?
Us or his wife and daughter who he had no contact with for over 13 years. Do they get to make a claim now as we were the only relatives he had around. He had invited my family to live with him and take care of him as he was sick. There is a letter to prove that as he had requested the society we will in to allow moving in due to covid.
Hoping to get an answer.
Thank you.
Answer ( 1 )
as per law, if there is no will left by the deceased person then the class I legal heirs would be entitled, however in your case there is a nomination so the entire amount would go in the custody of the person nominated. however the nominee is usually not the owner and it is the legal heirs only who can enjoy the benefits. in your situation, if the legal heirs file a case claiming all the benefits, you would have to defend proving the intention of the deceased to not provide anything to the legal heir for the act and conduct as visible from the evidence with you.