Inheritance and an Estranged Relationship

[jackofall84]

Hi All,

Wasn't sure whether to put this in Finance or S,P & L. I've seen some very useful advice over the years on this forum so thought I'd appeal to the masses for a little bit of help and guidance on tracking/tracing down a Will.

Over the Christmas period my Wife found out that her real father passed away in June of 2022. She has not been in contact with him for about 30 years but her Mum found about about his death from a friend of a friend. He had remarried and has 2 other children.


My Wife's Mum has contacted a solicitor who has advised that my Wife has a legal right to see the Will if one exists.

What I've found out so far....

There is no evidence that probate has been applied for/granted yet? Though potentially this is still ongoing (apparently it can take up to 9 months now).

This is where I could use a little guidance as I'm not sure as to how to track down a Will.

Being able to track down and read the Will would enable us to either stop the pursuit or allow my Wife to claim what she's legally entitled to as I believe there's 3 possible outcomes:

1. No Will exists - she'll be entitled to 1/3rd of everything over £250k through the rules of intestacy
2. A Will exists and she's not included - Fine, we're not interested in spending thousands of pounds and having loads of stress to contest the Will. If he's made the conscious decision not to include her then that's perfectly understandable.
3. Her Dad has left a small share in the Will to her.

My worry is that her Fathers surviving family are trying to hide something from my wife.

TLDR: How do I track down a last Will and Testament?

[anonymous-user]

Ask your wife’s mum’s solicitor to write to the widow and/or children of the deceased borne by the widow asking them to confirm whether or not the deceased left a will, and if so to provide a copy.

[randlemarcus]

Short answer, ask her half siblings.

Longer answer, there might be a will lodged at the registry, but I don't think there's an easy way of finding out. Might be worth searching the Gazette for probate notices in his name. If she knows which firm of solicitors he used, they may have written one, but I suspect their response to questions will be to seek instructions from her half siblings.

Are you in Scotland,as they have differing ideas of her entitlement, he subtly hinted.

[jackofall84]

randlemarcus said:

Short answer, ask her half siblings.

Longer answer, there might be a will lodged at the registry, but I don't think there's an easy way of finding out. Might be worth searching the Gazette for probate notices in his name. If she knows which firm of solicitors he used, they may have written one, but I suspect their response to questions will be to seek instructions from her half siblings.

Are you in Scotland,as they have differing ideas of her entitlement, he subtly hinted.

It's all in England

[JQ]

jackofall84 said:

Hi All,

1. No Will exists - she'll be entitled to 1/3rd of everything over £250k through the rules of intestacy

I'm sorry, I can't help on the rest but I thought that you wife would only be entitled to 1/6th of everything over £270,000. Might just be worth double checking if it transpires there was no will. ie. the wife gets 50% of everything above £270,000 with the remainder split between the 3 children.

[jackofall84]

JQ said:

I'm sorry, I can't help on the rest but I thought that you wife would only be entitled to 1/6th of everything over £270,000. Might just be worth double checking if it transpires there was no will. ie. the wife gets 50% of everything above £270,000 with the remainder split between the 3 children.

You're probably right, different websites show different rules for intestacy.

[Dixy]

If you were married to one of his other children would you be posting on here that a woman who has had nothing to do with your father in law for 30 years is now trying to get her snout in the trough.

[jfdi]

https://www.nationalwillregister.co.uk/

Not all solicitors register Wills with the service but worth a try.
My understanding is your wife doesn't have any right to view the will, only the Executors have that right. Once probate is granted (if probate is even required) the Will will become public record so you wife will then be able to obtain a copy.

[Steve Campbell]

If she has not been in contact for over 30 years, do the surviving family even know of your wife's existence ?

I also agree with the comment above : 1/6th of anything above £270k if intestate. I hope he wrote a will.

[Tommo87]

JQ said:

jackofall84 said:

Hi All,

1. No Will exists - she'll be entitled to 1/3rd of everything over £250k through the rules of intestacy

I'm sorry, I can't help on the rest but I thought that you wife would only be entitled to 1/6th of everything over £270,000. Might just be worth double checking if it transpires there was no will. ie. the wife gets 50% of everything above £270,000 with the remainder split between the 3 children.

I doubt there will be anything happening until his second wife passes if she is still alive, as she will likely still living in the property, which is a clause most will writers include.

If he died a widower, then the estate solicitor will be honour bound to seek out dependents as specified in his will.

[AndyAudi]

randlemarcus said:

Are you in Scotland,as they have differing ideas of her entitlement, he subtly hinted.

As OP has said they’re England I’ll ask what happens in Scotland, purely as a pal of mine has just finished sorting out his dads (no will/wife) & transferred house etc to himself as not seen sister in 10years “would’ve been what his old man wanted”. (& i 100% agree but it wasn’t in writing). I warned him to take advice & it would be likely she could be in for a claim if she heard of her dads passing (drug addict)

[littlebasher]

When i was dealing with all this back in 2021 (and with an estranged daughter who was also a beneficiary), it was my understanding that a copy of the will has to be made available if you are a beneficiary.


It's possible the will is registered with the probate office

https://probatesearch.service.gov.uk/#wills

[TwigtheWonderkid]

Dixy said:

If you were married to one of his other children would you be posting on here that a woman who has had nothing to do with your father in law for 30 years is now trying to get her snout in the trough.

He's entitled to know if his wife is entitled to stick her nose in the trough. If she is, then that's where her snout should be.

[Tony1963]

TwigtheWonderkid said:

He's entitled to know if his wife is entitled to stick her nose in the trough. If she is, then that's where her snout should be.

Good reply to a rude and ignorant post.

[Tommo87]

TwigtheWonderkid said:

Dixy said:

If you were married to one of his other children would you be posting on here that a woman who has had nothing to do with your father in law for 30 years is now trying to get her snout in the trough.

He's entitled to know if his wife is entitled to stick her nose in the trough. If she is, then that's where her snout should be.

Personally I viewed the comment as more of a warning about what her siblings would likely think, rather than a deliberate dig at the op. And, let’s be honest, that is a probably outcome,

Maybe, that’s just me and I’m not constantly looking everywhere for an argument.

[TwigtheWonderkid]

Tommo87 said:

TwigtheWonderkid said:

Dixy said:

If you were married to one of his other children would you be posting on here that a woman who has had nothing to do with your father in law for 30 years is now trying to get her snout in the trough.

He's entitled to know if his wife is entitled to stick her nose in the trough. If she is, then that's where her snout should be.

Personally I viewed the comment as more of a warning about what her siblings would likely think, rather than a deliberate dig at the op. And, let’s be honest, that is a probably outcome,

Maybe, that’s just me and I’m not constantly looking everywhere for an argument.

Yes you are.

[jfdi]

littlebasher said:

When i was dealing with all this back in 2021 (and with an estranged daughter who was also a beneficiary), it was my understanding that a copy of the will has to be made available if you are a beneficiary.

Not according to most solicitors.
https://www.google.com/search?q=can+a+beneficiary+...

[98elise]

Tony1963 said:

TwigtheWonderkid said:

He's entitled to know if his wife is entitled to stick her nose in the trough. If she is, then that's where her snout should be.

Good reply to a rude and ignorant post.

Agreed.

[Durzel]

Tony1963 said:

TwigtheWonderkid said:

He's entitled to know if his wife is entitled to stick her nose in the trough. If she is, then that's where her snout should be.

Good reply to a rude and ignorant post.

Is it really rude and ignorant?

The OP's wife hasn't been in contact with her Dad for 30 years. Presumably she has had no interest in doing so, for whatever reason. 30 years estranged from someone essentially means they're a stranger, to all intents and purposes. There's clearly no love between them.

Now there's the prospect of a payday her/her Mum's interest is piqued.

You don't find that at all distasteful?

[RumbleOfThunder]

I'd feel somewhat annoyed as well if I was in the immediate family. Surely if she's in the will, she will be contacted? Can you really hide or even contest the wishes of a will without all of the participants being made aware?