Inheritance advice needed

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Qcarchoo

Original Poster:

471 posts

193 months

Thursday 23rd March 2017
quotequote all
A friend of mine's father has recently died suddenly and there is a question over who inherits what.
There was a solicitor's letter with a draft will leaving everything to her but the will was never signed and witnessed.
The only other relatives are two cousins in their late seventies who have not had contact with the father since childhood.

The complicated part is that my friends mother and father divorced shortly after she was born and the mother remarried. The new husband then legally adopted his step daughter so she could take his surname (he was a widower with a young child already).

The probate office have told my friend that she cannot act as executor because she is adopted out of the family and one of the cousins has taken the role.
As it stands, my friend is missing out on a substantial inheritance and both cousins (who don't need the money) will inherit, against the wishes of the deceased.

Does anyone have any idea whether this is worth contesting. Her solicitor is saying not.

Qcarchoo

Original Poster:

471 posts

193 months

Thursday 23rd March 2017
quotequote all
Thanks. We've looked at the government website but it doesn't deal with the technicalities. For instance, he did have a sister but she died unmarried and childless. The questionnaire stops at that point.

Qcarchoo

Original Poster:

471 posts

193 months

Thursday 23rd March 2017
quotequote all
Regardless of the fact that she has been legally adopted out of his family?

Qcarchoo

Original Poster:

471 posts

193 months

Thursday 23rd March 2017
quotequote all
Yes, but apparently not from a legal stance.
Imagine if you gave a child up for adoption and they were brought up by another family, with no further contact. Would they have a claim on your estate in the event of your death?
Although my friend had contact, her solicitor believes that because she was adopted out, and there was effectively no will, she has no claim.

Qcarchoo

Original Poster:

471 posts

193 months

Thursday 23rd March 2017
quotequote all
The deceased is her birth father.
It may or may not be relevant but her adoptive father died several years earlier.

Edited by Qcarchoo on Thursday 23 March 20:05

Qcarchoo

Original Poster:

471 posts

193 months

Thursday 23rd March 2017
quotequote all
Thank you for that. Particularly the last link.
It just goes to show how important it is to make a will.

Qcarchoo

Original Poster:

471 posts

193 months

Friday 24th March 2017
quotequote all
Tiggsy said:
Indeed - you mention "wishes of the deceased" but they were clearly not too important to him!
To be fair, I think he was probably like many people, myself included.
It's one of those things you'll get round to eventually. I don't think he anticipated dying so suddenly.