Inheritance Claim - Is this worth considering?
Discussion
I guess it depend how much you are talking about. A couple of grand and it would probably cost more in legal fees. A couple of hundred on the other hand? She may not have any of it left. Do you know her current whereabouts and status? Your best bet would have been to contest at the time, I'm not sure if there is any time limit but 12 years may be pushing it, unless you can prove something has only just come to light which alters how funds should have been distributed.
I would seek legal advice but control any costs very carefully.
I would seek legal advice but control any costs very carefully.
This happens a lot - I know of someone in an almost identical situation. One of two brothers who got nothing as the second wife took the lot. And it was a lot. Several commas in the number.
It's not a subject I know much about, but wouldn't you have to show that your dad had a financial responsibility towards you that he deliberately ignored? Or that his final wishes towards you were not adhered to.
I also understand that it's not actually about the money - whilst that's part of it, it's about recognising he had a son!
Not a nice situation for you - one that keeps nibbling away and hard to close.
It's not a subject I know much about, but wouldn't you have to show that your dad had a financial responsibility towards you that he deliberately ignored? Or that his final wishes towards you were not adhered to.
I also understand that it's not actually about the money - whilst that's part of it, it's about recognising he had a son!
Not a nice situation for you - one that keeps nibbling away and hard to close.
A terrible situation OP.
Death without a will is called intestacy - general rules are first £270k goes to married partner (if there is one) the remainder is split between the partner (50%) and any children, grandchildren etc share the other 50%. BTW I'm not a lawyer but have read about similar cases before.
Best of luck!
https://www.citizensadvice.org.uk/family/death-and...
Death without a will is called intestacy - general rules are first £270k goes to married partner (if there is one) the remainder is split between the partner (50%) and any children, grandchildren etc share the other 50%. BTW I'm not a lawyer but have read about similar cases before.
Best of luck!
https://www.citizensadvice.org.uk/family/death-and...
NDA said:
This happens a lot - I know of someone in an almost identical situation. One of two brothers who got nothing as the second wife took the lot. And it was a lot. Several commas in the number.
It's not a subject I know much about, but wouldn't you have to show that your dad had a financial responsibility towards you that he deliberately ignored? Or that his final wishes towards you were not adhered to.
I also understand that it's not actually about the money - whilst that's part of it, it's about recognising he had a son!
Not a nice situation for you - one that keeps nibbling away and hard to close.
He also had a wife and feelings aside, why would children be entitled money when one of their parents died? The remaining step parent still has to live. It's not a subject I know much about, but wouldn't you have to show that your dad had a financial responsibility towards you that he deliberately ignored? Or that his final wishes towards you were not adhered to.
I also understand that it's not actually about the money - whilst that's part of it, it's about recognising he had a son!
Not a nice situation for you - one that keeps nibbling away and hard to close.
My parents split and my father remarried. My step mother is significantly younger than him. When he dies I don't expect to be rifling though their bank accounts to see what's mine. Their finances are their business.
I can understand the OP asking though.
To be entirely candid, if your father had wanted you to inherit any of his estate, he would have written a will to that effect. Given his health conditions and that his death didn't come out of the blue, this is all the more the case.
I would suggest checking that your father didn't leave a will that included you as a beneficiary (wills are public documents post probate, so easy to check). If he didn't, you need to accept that his estate was his to dispose as he wished and he chose not to leave anything to you.
As others have said, a bitter pill to swallow but nobody has any right to expect an inheritance.
I would suggest checking that your father didn't leave a will that included you as a beneficiary (wills are public documents post probate, so easy to check). If he didn't, you need to accept that his estate was his to dispose as he wished and he chose not to leave anything to you.
As others have said, a bitter pill to swallow but nobody has any right to expect an inheritance.
98elise said:
As I understand it without a will it's his wife's money to do with as she pleases.
I'm not a lawyer though.
It isn't quite like that. If the deceased is intestate, the spouses are entitled to the first £250k and 50% of the rest. For the OP, it'd depend on the size of his late father's estate. Under £250k, he wouldn't have been entitled to anything; £500k, he should've got £125k etc. I'm not a lawyer though.
Getting professional advice is best and will put your mind at rest.
I am only offering an opinion(not a lawyer) but I think if they were married a decent time there is nothing you can do except check if she did hide a will from you that names you as a poster has said above.(Helpful that, I did not know you could check)
It is annoying when you feel a close relative has made a mistake but it was his choice to marry her and maybe she made him happy, if not you!
That is why I tend to think a judge will side with her. They both entered a marriage.
But yes, for how long?
I am only offering an opinion(not a lawyer) but I think if they were married a decent time there is nothing you can do except check if she did hide a will from you that names you as a poster has said above.(Helpful that, I did not know you could check)
It is annoying when you feel a close relative has made a mistake but it was his choice to marry her and maybe she made him happy, if not you!
That is why I tend to think a judge will side with her. They both entered a marriage.
But yes, for how long?
It sounds like it is well worth looking into re that Citizens Advice link above for your Dad's side. Your Mum's side sounds odd to have excluded you but not the other 4 but as it's been legally written up it probably isn't worth doing anything on that side.
My wife has issues bubbling right now and I can sympathise with the amount of mental baggage you must be carrying around.
She like you is an only child, her mum died leaving her Dad to survive, apparently the house was split 50/50 to tennants in common and her mothers share put into Trust for herself on fathers passing but there is no trace of the property on the land registery and my wife hasn't been given a copy of the trust (although did sign it at a solicitors).
Her Dad has met someone (his cleaner) who is a manipulative aggressive woman, son in prison for raping children (one at knifepoint), takes wifes father to visit him in prison and utterly brain washed the guy. Cleaner is 26 years younger than him (80) and has turned his life upside down and driven a wedge between wife and father. There was always an issue between them as wife moved 300 miles away to pursue a career where as father had traditional views that women should stay at home (and care for him) and cleaner has exploited that crack.
He's now saying he wants to remove the Trust (of which they are both signatories) and give all of the property (a small holding with land) to the cleaner, becuase "she has had it hard in life". I don't think it is possible but we need to get our own legal advice to solve that mess.
She also has another issue with the death of her uncle where she was meant to inherit 25% of his pensions etc however 2 years later she has heard absolutley nothing from the executor yet the executors family are spending big amounts of money on house extension and 2 x new cars. Couple of red flags there in my mind but wife doesn't want to rock the boat and ask the solicitor dealing with the matters directly. Very frustrating for me to be around and watch.
This sort of stuff happens a lot and I am in the camp that you need to protect your personal interests, aggressively if needed, otherwise you'll go mad with it on your mind.
My wife has issues bubbling right now and I can sympathise with the amount of mental baggage you must be carrying around.
She like you is an only child, her mum died leaving her Dad to survive, apparently the house was split 50/50 to tennants in common and her mothers share put into Trust for herself on fathers passing but there is no trace of the property on the land registery and my wife hasn't been given a copy of the trust (although did sign it at a solicitors).
Her Dad has met someone (his cleaner) who is a manipulative aggressive woman, son in prison for raping children (one at knifepoint), takes wifes father to visit him in prison and utterly brain washed the guy. Cleaner is 26 years younger than him (80) and has turned his life upside down and driven a wedge between wife and father. There was always an issue between them as wife moved 300 miles away to pursue a career where as father had traditional views that women should stay at home (and care for him) and cleaner has exploited that crack.
He's now saying he wants to remove the Trust (of which they are both signatories) and give all of the property (a small holding with land) to the cleaner, becuase "she has had it hard in life". I don't think it is possible but we need to get our own legal advice to solve that mess.
She also has another issue with the death of her uncle where she was meant to inherit 25% of his pensions etc however 2 years later she has heard absolutley nothing from the executor yet the executors family are spending big amounts of money on house extension and 2 x new cars. Couple of red flags there in my mind but wife doesn't want to rock the boat and ask the solicitor dealing with the matters directly. Very frustrating for me to be around and watch.
This sort of stuff happens a lot and I am in the camp that you need to protect your personal interests, aggressively if needed, otherwise you'll go mad with it on your mind.
ClaphamGT3 said:
To be entirely candid, if your father had wanted you to inherit any of his estate, he would have written a will to that effect. Given his health conditions and that his death didn't come out of the blue, this is all the more the case.
I would suggest checking that your father didn't leave a will that included you as a beneficiary (wills are public documents post probate, so easy to check). If he didn't, you need to accept that his estate was his to dispose as he wished and he chose not to leave anything to you.
As others have said, a bitter pill to swallow but nobody has any right to expect an inheritance.
That really is both horrendously rude, and most likely to be very wrong. I don't think you've read and understood the implications of the OP properly before making this statement. The OP stated that their father was in a controlling and manipulative relationship. This is now classed as domestic abuse and called coercive control, and although the vast majority of victims are women, men can be victims, too. It is extremely easy for the OP's father to have been led to believe that either his child would be well catered for after his death, or that the OP would automatically receive a significant share, or for them to have been manipulated away from and prevented by psychological means from doing anything to protect their child or to financially assisst their child after their death.I would suggest checking that your father didn't leave a will that included you as a beneficiary (wills are public documents post probate, so easy to check). If he didn't, you need to accept that his estate was his to dispose as he wished and he chose not to leave anything to you.
As others have said, a bitter pill to swallow but nobody has any right to expect an inheritance.
Once again, I find this to be an exceptionally crass comment which goes against all observed behaviours in coercive control cases by medical and psychology professionals. I would've thought that an apology would due to the OP for both failing to apprecite the relevance of the manipulative relationship, and the tactless manner you have put forth your argument.
QuickQuack said:
ClaphamGT3 said:
To be entirely candid, if your father had wanted you to inherit any of his estate, he would have written a will to that effect. Given his health conditions and that his death didn't come out of the blue, this is all the more the case.
I would suggest checking that your father didn't leave a will that included you as a beneficiary (wills are public documents post probate, so easy to check). If he didn't, you need to accept that his estate was his to dispose as he wished and he chose not to leave anything to you.
As others have said, a bitter pill to swallow but nobody has any right to expect an inheritance.
That really is both horrendously rude, and most likely to be very wrong. I don't think you've read and understood the implications of the OP properly before making this statement. The OP stated that their father was in a controlling and manipulative relationship. This is now classed as domestic abuse and called coercive control, and although the vast majority of victims are women, men can be victims, too. It is extremely easy for the OP's father to have been led to believe that either his child would be well catered for after his death, or that the OP would automatically receive a significant share, or for them to have been manipulated away from and prevented by psychological means from doing anything to protect their child or to financially assisst their child after their death.I would suggest checking that your father didn't leave a will that included you as a beneficiary (wills are public documents post probate, so easy to check). If he didn't, you need to accept that his estate was his to dispose as he wished and he chose not to leave anything to you.
As others have said, a bitter pill to swallow but nobody has any right to expect an inheritance.
Once again, I find this to be an exceptionally crass comment which goes against all observed behaviours in coercive control cases by medical and psychology professionals. I would've thought that an apology would due to the OP for both failing to apprecite the relevance of the manipulative relationship, and the tactless manner you have put forth your argument.
If you dismount your high horse for a moment and actually read my post properly, you will note that I was not giving advice on the legal merits of any claim the OP may or may not have - he needs insured legal advice for that - I was making the point that, morally, the OP should consider that his father could have made him a beneficiary of his estate but chose not to.
ClaphamGT3 said:
To be entirely candid, if your father had wanted you to inherit any of his estate, he would have written a will to that effect. Given his health conditions and that his death didn't come out of the blue, this is all the more the case.
I would suggest checking that your father didn't leave a will that included you as a beneficiary (wills are public documents post probate, so easy to check). If he didn't, you need to accept that his estate was his to dispose as he wished and he chose not to leave anything to you.
As others have said, a bitter pill to swallow but nobody has any right to expect an inheritance.
I see your confusion, we are dealing with taken without consentI would suggest checking that your father didn't leave a will that included you as a beneficiary (wills are public documents post probate, so easy to check). If he didn't, you need to accept that his estate was his to dispose as he wished and he chose not to leave anything to you.
As others have said, a bitter pill to swallow but nobody has any right to expect an inheritance.
It's been said but the intestacy rules are quite clear and were laid out in the CAB link above:
The problems the OP will face are multiple however. Firstly he needs to be sure there was no will. Secondly, he needs to track down his father's wife. Thirdly he needs her to acknowledge that the distribution was done incorrectly. And fourthly he needs to extract the money from her, which could easily have all been spent in any case. These last two points are highly unlikely to happen without the courts being involved and a large amount of money being spent in legal fees (inheritance cases are notoriously finicky and complex. Dickens wrote a good dissertation on the subject).
I'm also not sure if the fact that 14 years has already passed without a claim being made would have a bearing. It could easily be that the statute of limitations would come into play here. So if the estate was likely big enough to make it worthwhile, the OP would be well advised to take legal counsel and consider how much time & money he wants to sink into this.
CAB said:
If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £270,000, the partner will inherit:
So on the face of it, and assuming the estate was in excess of £270,000, the OP (and his siblings, if there are any) was entitled to 50% of the remainder.- all the personal property and belongings of the person who has died, and
- the first £270,000 of the estate, and
- half of the remaining estate.
The problems the OP will face are multiple however. Firstly he needs to be sure there was no will. Secondly, he needs to track down his father's wife. Thirdly he needs her to acknowledge that the distribution was done incorrectly. And fourthly he needs to extract the money from her, which could easily have all been spent in any case. These last two points are highly unlikely to happen without the courts being involved and a large amount of money being spent in legal fees (inheritance cases are notoriously finicky and complex. Dickens wrote a good dissertation on the subject).
I'm also not sure if the fact that 14 years has already passed without a claim being made would have a bearing. It could easily be that the statute of limitations would come into play here. So if the estate was likely big enough to make it worthwhile, the OP would be well advised to take legal counsel and consider how much time & money he wants to sink into this.
OP, if I may say my piece.
The consensus here seems to be, put simply, if you think there is some manipulation by your late father's ex (only you knew her-we didn't so you'll know best) and that the impression was there is/was an extremely large amount of money that could be owed to you (I.e. she was entitled to her initial amount of 250k or so, but after was a large enough amount worth exploring) then yes, speak to a legal professional and understand the process and cost to you to initiate.
The consensus here seems to be, put simply, if you think there is some manipulation by your late father's ex (only you knew her-we didn't so you'll know best) and that the impression was there is/was an extremely large amount of money that could be owed to you (I.e. she was entitled to her initial amount of 250k or so, but after was a large enough amount worth exploring) then yes, speak to a legal professional and understand the process and cost to you to initiate.
ClaphamGT3 said:
To be entirely candid, if your father had wanted you to inherit any of his estate, he would have written a will to that effect. Given his health conditions and that his death didn't come out of the blue, this is all the more the case.
I would suggest checking that your father didn't leave a will that included you as a beneficiary (wills are public documents post probate, so easy to check). If he didn't, you need to accept that his estate was his to dispose as he wished and he chose not to leave anything to you.
As others have said, a bitter pill to swallow but nobody has any right to expect an inheritance.
This does seem to be the case, and i think 4(?) years later it will all be legally finalised by now anyway.I would suggest checking that your father didn't leave a will that included you as a beneficiary (wills are public documents post probate, so easy to check). If he didn't, you need to accept that his estate was his to dispose as he wished and he chose not to leave anything to you.
As others have said, a bitter pill to swallow but nobody has any right to expect an inheritance.
98elise said:
As I understand it without a will it's his wife's money to do with as she pleases.
I'm not a lawyer though.
Depends where you live. The above is not the case in Scotland, as children have legal rights to a share of the estate. This is also the case if there is a will.I'm not a lawyer though.
Edited by matchmaker on Friday 26th August 13:33
Assuming you are adult and are not dependent on your parents for financial support, eg you received regular payments from parents to fund special care or the like, then the general rule in England is there is no forced heirship rights (unlike say France where there are fixed inheritance proportions). Battersea Dogs Home and other charities do well out of that rule.
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