Father passed away - No Will...
Discussion
Hi All,
Would appreciate some advice or guidance here
This February, my Father passed away suddently from a Heart Attack, aged 67. - I / We need some advice with the below scenario
No will, although was in the process of putting one together
4 Children from 2 marriages
Current Wife of 4 years, not a mother to any of his Children but has 2 of her own, 1 estranged, 1 in regular contact with
Estate consisting of
Where do we stand? Thankfully, the money element for me is fairly insignificant, but for my younger 2 siblings, a lump sum of cash now would go a very long way in getting them set up (one is a older student in rented and one bought a house recently but needs cash to sort the place out).
it's a tricky situation but she could live for another 30 years and what's going to be left of the pension & house sale money (not much I guess!)
Any help would be appreciated, thinking we may need legal advice..
Would appreciate some advice or guidance here
This February, my Father passed away suddently from a Heart Attack, aged 67. - I / We need some advice with the below scenario
No will, although was in the process of putting one together
4 Children from 2 marriages
Current Wife of 4 years, not a mother to any of his Children but has 2 of her own, 1 estranged, 1 in regular contact with
Estate consisting of
- Proceeds from recent house sale (say £200k) in cash (owned solely by my Father)
- Private pensions, circa £300k-£400k
- Business with little value, more of a 1 man band and would struggle without him working there
- Potentially other small amounts but nothing significant
- House shared with Wife (in her name but he contributed and paid for a recent-ish £100k extension)
Where do we stand? Thankfully, the money element for me is fairly insignificant, but for my younger 2 siblings, a lump sum of cash now would go a very long way in getting them set up (one is a older student in rented and one bought a house recently but needs cash to sort the place out).
it's a tricky situation but she could live for another 30 years and what's going to be left of the pension & house sale money (not much I guess!)
Any help would be appreciated, thinking we may need legal advice..
This should give you the info to start you off:
https://www.gov.uk/inherits-someone-dies-without-w...
https://www.gov.uk/inherits-someone-dies-without-w...
JeffreyD said:
Private pensions would be considered outside of the estate - so on those figures it looks like it will all go the wife
BUT it's possible your father made an expression of wish with the pension providers.
Not a great situation and I hope it works out.
Thanks. It's an awful situation.BUT it's possible your father made an expression of wish with the pension providers.
Not a great situation and I hope it works out.
Really sorry to hear your loss and now having to face this situation.
I suggest you get professional advice and quickly.
She may well live for 30 years
She may need to be in a care home that decimates any estate
She may well not split as she’s verbally stated but rather give to her flesh & blood / she might commence gifting now and you’d be none the wiser.
I’m assuming from her previous marriage there may well have been a settlement ?
Your father may have had life insurance which would now clearly pay out too.
Expression of wish on pension & life insurance would be a great starting point
I suggest you get professional advice and quickly.
She may well live for 30 years
She may need to be in a care home that decimates any estate
She may well not split as she’s verbally stated but rather give to her flesh & blood / she might commence gifting now and you’d be none the wiser.
I’m assuming from her previous marriage there may well have been a settlement ?
Your father may have had life insurance which would now clearly pay out too.
Expression of wish on pension & life insurance would be a great starting point
JeffreyD said:
Just to add - if it does all go to her she is under no obligation to give anything to your father's family in her will either.
Steel yourself for some s
tty news and behaviour and treat anything as a bonus.
Hope it works out.
I know a friend who’s father married again later in life. She didn’t get on with anyone on my friends side of the family. Steel yourself for some s
tty news and behaviour and treat anything as a bonus.Hope it works out.
Anyway he died - but did have a will so that was ok but it was trivial. What my friend wanted was his fathers WW2 medals. So he asked her if he could have them to remember. She replied oh I didn’t think anyone wanted them so gave them to HER son instead. Her son had never met or spoken to the dad. He sold them straight away - friend was gutted, he wanted to share those memories with his own children.
OP stay civil with her - friendly even as all that matters is the end goal but as Jeffry flags don’t expect anything sadly.
OP , I’m sorry about your loss and wish you all the best.
As others have said though I fear your options are extremely limited at best.
As his wife she will inherit the vast majority although I do recall there are some rules as to that being 50% with then 50% of the balance - I only know this as my uncle died without a Will and his parents received money after suing my aunt !
Again as others have said , seek professional help.
Good luck.
As others have said though I fear your options are extremely limited at best.
As his wife she will inherit the vast majority although I do recall there are some rules as to that being 50% with then 50% of the balance - I only know this as my uncle died without a Will and his parents received money after suing my aunt !
Again as others have said , seek professional help.
Good luck.
Teebs said:
I've messaged a solicitor that my friend recommended.
I don't think we have a legal leg to stand on..
Default position without a will is that it will go to the spouse.I don't think we have a legal leg to stand on..
She is under no obligation to bequeath anything to you or anyone else in your father’s family on her death.
Muzzer79 said:
Default position without a will is that it will go to the spouse.
She is under no obligation to bequeath anything to you or anyone else in your father’s family on her death.
She has said that a Will will be drawn up to state the split of assets further down the line which I feel is the best outcome. Legally, it seems we have zero standing.She is under no obligation to bequeath anything to you or anyone else in your father’s family on her death.
Teebs said:
Thankfully, the money element for me is fairly insignificant
Seems like an oxymoron statement.Just forget about it, if you have money that the pill is sweeter, let your siblings do what they need to do, it would be a great thing to not even worry about getting anything, and easier just move on. It is only money after all.
Ouroboros said:
Seems like an oxymoron statement.
Just forget about it, if you have money that the pill is sweeter, let your siblings do what they, it would be a great thing to now even worry about getting anything, and easier just move on. It is only money after all.
I get what you mean but i'm trying to help my Siblings as much as possible. For example, £50k won't be life changing for me, but for 2 out of the other 3, it would be. We need to have a united front in what we decide to do, if anything.Just forget about it, if you have money that the pill is sweeter, let your siblings do what they, it would be a great thing to now even worry about getting anything, and easier just move on. It is only money after all.
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