Author Topic: Order of Inheritance  (Read 15866 times)

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No-Bits

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Order of Inheritance
« on: July 15, 2014, 12:45:PM »
There are two inheritances to be considered.

  • The first is the Speakman Estate.

    The second is the Bamber estate.

Let's put the Speakman Estate to one side for a moment and consider the Estate of Nevill and June Bamber in isolation.

The notion of the inheritance bouncing down the line depending on order of death was dismissed, i.e bouncing from say June, to Nevill, to Sheila, to the twins and then even to Collin. That's a dead end as order of death could not be ascertained.

Following on from that, I think we are all in agreement, that Jeremy would have inherited the lot, had he not been convicted for their murders. Right?

So, rightly or wrongly in different peoples view, Jeremy was convicted and the inheritance got passed on again.

Now for the question, it's two fold, who do people think the inheritance actually went to, and who do people think the inheritance should have gone to?

« Last Edit: July 15, 2014, 01:40:PM by Harters »

No-Bits

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Re: Order of Inheritance
« Reply #1 on: July 15, 2014, 01:29:PM »
It's not a trick question by the way.

Offline Jane

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Re: Order of Inheritance
« Reply #2 on: July 15, 2014, 01:34:PM »
It's not a trick question by the way.



It didn't occur to me that it might be :) I think, out of respect for the deceased, I would have to ask who THEY would have chosen to inherit. They may have preferred to leave it to the Church or Homes for Retired Farmers.

Offline grahameb

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Re: Order of Inheritance
« Reply #3 on: July 15, 2014, 01:35:PM »
There are two inheritances to be considered.

  • The first is the Speakman Estate.

    The second is the Bamber estate.

Let's put the Speakman Estate to one side for a moment and consider the Estate of Nevill and June Bamber in isolation.

The notion of the inheritance bouncing down the line depending on order of death was dismissed, i.e bouncing from say June, to Nevill, to Sheila, to the twins and then even to Collin. That's a dead end as order of death could not be ascertained.

Following on from that, I think we are all in agreement, that Jeremy would have inherited the lot, had he not been convicted for their murders. Right?

So, rightly or wrongly in different peoples view, Jeremy was convicted and the inheritance got passed on again.

Now for the question, it's two fold, who do people think the inheritance actually went to, and who do people think the inheritance should have gone to?
If a will does not specify anybody or if there is no will then it should go to the next of kin. This is the reason we have lawyers, to sort out who the next of kin are. Unfortunately with the Bamber estate someone got left out, Pargeter who had to contend the will. But it usually goes to the next of kin.

No-Bits

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Re: Order of Inheritance
« Reply #4 on: July 15, 2014, 01:41:PM »


It didn't occur to me that it might be :) I think, out of respect for the deceased, I would have to ask who THEY would have chosen to inherit. They may have preferred to leave it to the Church or Homes for Retired Farmers.

What if the Wills only indicate people who have also been killed, it would go to the next of kin right?

So who is that?

No-Bits

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Re: Order of Inheritance
« Reply #5 on: July 15, 2014, 01:42:PM »

Offline grahameb

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Re: Order of Inheritance
« Reply #6 on: July 15, 2014, 01:48:PM »
It is pretty clear from reading that hartley that Anthony Pargeter was in Ralph's will. So what was his contention with the Boutflours?

Offline scipio_usmc

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Re: Order of Inheritance
« Reply #7 on: July 15, 2014, 01:50:PM »
I would like to add a clarification.

Whether one is convicted in criminal court doesn't matter.  What matters is whether a civil probate court believes by a preponderance of the evidence that the potential heir killed the testator.  SO even in the event of a criminal acquittal a probate court cna still block th einheritcance because the standard of proof in civil court is merely a preponderance of the evidence.  That is why a wrongful death lawsuit can result in a verdict assigning liability even though a criminal court could find the person did not kill the victim.

This has little bearing on your intended point I just wanted to clarify the issue for future reference for people.

But assuming a probate court were convinced Sheila did it then Jeremy would get both Bamber estates.
Politeness is organized indifference- Paul Valéry

No-Bits

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Re: Order of Inheritance
« Reply #8 on: July 15, 2014, 01:51:PM »
It is pretty clear from reading that hartley that Anthony Pargeter was in Ralph's will. So what was his contention with the Boutflours?

I don't know, I'm just trying to find out where the inheritance should have gone.

Who was Nevill & Junes next of kin? After Jeremy and Sheila were taken out of the equation so to speak?

No-Bits

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Re: Order of Inheritance
« Reply #9 on: July 15, 2014, 01:52:PM »
I would like to add a clarification.

Whether one is convicted in criminal court doesn't matter.  What matters is whether a civil probate court believes by a preponderance of the evidence that the potential heir killed the testator.  SO even in the event of a criminal acquittal a probate court cna still block th einheritcance because the standard of proof in civil court is merely a preponderance of the evidence.  That is why a wrongful death lawsuit can result in a verdict assigning liability even though a criminal court could find the person did not kill the victim.

This has little bearing on your intended point I just wanted to clarify the issue for future reference for people.

But assuming a probate court were convinced Sheila did it then Jeremy would get both Bamber estates.

Thanks Scip.

Offline Jane

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Re: Order of Inheritance
« Reply #10 on: July 15, 2014, 01:52:PM »
Harters, do we know when this particular will was drawn up? I may have read it incorrectly, but it looks as if Nevill had made provision for his mother who I believe to have died prior to the tragedy..................or am I making assumptions. I also wonder how it would be possible to put such inheritance restrictions on someone who was an adult in the eyes of the law, as was Jeremy at the time of the deaths.

No-Bits

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Re: Order of Inheritance
« Reply #11 on: July 15, 2014, 02:02:PM »
Harters, do we know when this particular will was drawn up? I may have read it incorrectly, but it looks as if Nevill had made provision for his mother who I believe to have died prior to the tragedy..................or am I making assumptions. I also wonder how it would be possible to put such inheritance restrictions on someone who was an adult in the eyes of the law, as was Jeremy at the time of the deaths.

I can't give you a source, but I've been told it was 1979.

No-Bits

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Re: Order of Inheritance
« Reply #12 on: July 15, 2014, 02:06:PM »
I guess it may be unusual to put conditions on an inheritance, but it appears that it is with the interest in allowing Jeremy to have a reasonable opportunity in keeping the farm business going. If that was not his preferred option then the estate would be shared equally between both JB and SC.  :-\

No-Bits

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Re: Order of Inheritance
« Reply #13 on: July 15, 2014, 02:09:PM »
So who was the next of kin, who inherited the Bamber Estate?

Given the number of accusations against all of the different relatives framing JB to obtain the inheritance, surely somebody must know?  ???

guest154

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Re: Order of Inheritance
« Reply #14 on: July 15, 2014, 02:25:PM »
So who was the next of kin, who inherited the Bamber Estate?

Given the number of accusations against all of the different relatives framing JB to obtain the inheritance, surely somebody must know?  ???

No one seems to want to answer the question. I think it's been clear on here over the years who people THINK got the Bamber estate.