Inheritance question

LaurenceGreen

I had a poor relationship with my father, as when I was young he left my mother for another woman and remained with her for the rest of his life. Nevertheless, we still met weekly and maintained contact. Three years before he died, he moved from a rented flat into a house, which he bought outright with his partner (who shortly after became his wife). He told me that he had made arrangements such that after he died, his wife would be able to live in the house until she died, then the house would be sold and split 50% for his children (just me) and 50% for his wife’s children (2).

He passed away nearly 4 years ago. I have no contact whatsoever with his wife, but having requested a copy of my father’s will from Probate, it appears that he died intestate (they have no record of a will). There are several questions I have. If my father did leave a will which included me, what (apart from a conscience) would there be to stop his wife simply tearing it up and claiming the entire estate?

Some time after my father’s funeral, my mother received a call from my father’s wife. She said that she required my address for ‘something’ but did not say what. Much to my annoyance my mum gave her my details (I’d rather have spoken to her myself).

I recently downloaded the deeds for the house, and it is held as tenants in common between my father and his wife. I am wondering, as his wife, has she automatically inherited his share in the house, or will my father’s share go to his next of kin (me) following her death? What happens if she moves house? How would I find out if she dies?

Can anyone help?

Laurence

tigtag02

If they were married then she was his next of kin and not you.

If he died intestate then she will inherit his 50% regardless of if there were joint tenants or tenants in common.

Unfortunately there isnt a lot you can do.

Errata

If he made a will and kept the original then his wife could quite easily destroy it if she didn't like the contents.

calleyw

There seems to be no 50% rule so not sure where that has come from.

It seems as if the spouse gets first £125K and a life interest in the rest. And the rest goes to the children or the children of the children.

If the estate is less than a £125K it all goes to the spouse.

Link here

Also if there was a will that was done via a solicitor they normally keep a copy. So might want to find out if your father had one.


Yours


Calley

vaio

calleyw wrote: »

There seems to be no 50% rule so not sure where that has come from.

It seems as if the spouse gets first £125K and a life interest in the rest. And the rest goes to the children or the children of the children.

If the estate is less than a £125K it all goes to the spouse.

Link here

Also if there was a will that was done via a solicitor they normally keep a copy. So might want to find out if your father had one.


Yours


Calley

I think what he meant was that whether the house was tenants in common or joint tenants the wife would get the fathers share as he died instate either via the tenancy or from his estate. Obviously subject to the limits you gave.

Very good point about the solicitor and copy will

tigtag02

vaio wrote: »

I think what he meant was that whether the house was tenants in common or joint tenants the wife would get the fathers share as he died instate either via the tenancy or from his estate. Obviously subject to the limits you gave.

Very good point about the solicitor and copy will

Its exactly what she meant

Also based on the fact that the OP said the verbal wishes of their father was that 50% was to go to his children.

CLAPTON

A bit confused here

If someone dies intestate the rule is

spouse gets 125k and life interest in HALF the remainder
the other half goes to to children directly (i.e. immediately) and obviously the life interest becomes theirs when the spouse dies.



so what was the value of his estate

calleyw

tigtag02 wrote: »

Its exactly what she meant

Also based on the fact that the OP said the verbal wishes of their father was that 50% was to go to his children.

Sorry I read it I read it as 50% of everything not just talking about the house.

Taking the house out of the equation if there are any other monies these do have to be considered if it takes the value of the estate over the £125K.

But agree with Clapton what is the value of the estate? I suspect that the OP does not know what cash his father had. And who's names it was held in either.



Yours


Calley

localhero

Hi LaurenceGreen,

The fact the house was owned as tenants in common would suggest that that your father did not intend for his share to pass to his wife - and hence the likelihood he did make a Will.

What he should have told you is who his executor(s) were and where the Will was being kept.

I suspect there may have been a Will and it might still be found, however it is also possible that the wife could have destroyed it - on the understanding that the laws of intestacy would favour her more than the Will did.

Don't give up though, try the Central Probate Registry, any law firms he had dealings with, his bank, trusted friends etc.

One final thought, you could contact the Land Registry to find out who submitted the paperwork to them for the property to be registered as tenants in common as that might lead you to who drew up his Will - then you can contact them for a copy.

Best of luck.

ameratsu

No will = No proof unfortunately.
The same happened to my family, when our dad died, my sister knew he had a new will - she had seen it when it had been witnessed, unfortunately my step family had got to the house first when he died and there was no will to be found - the solicitors claimed there had never been an updated will and so everything went to my step mother's family.

localhero

Ameratsu,

You are right to a point.

However, if it can be shown what the deceased actually intended then the courts will consider cases such as these.

There will unfortunately be legal expenses and no certainty of success - whether it will be worth litigation will depend on the value of the estate.

Obviously a better outcome for the OP would be if the original Will could be located.