Was I entitled to more when my father died without a will?

AlexOG

Hi
My father died 11 years ago without a will. He was married to my stepmother at the time but they weren't living together.
She ended up with everything. She did give myself and my brother 100k each of the 800k life insurance policy. This was always my dads wishes to give us both 100k of his money when we were both 30 whether he was a alive or dead.
At the time I was 21 and grieving my father and in no way did I look into any entitlement I would have as my father daughter to his estate. Its only now I wonder if I would have had more entitlement.
Im not being greedy it just riles me that my awful stepmother ended up with the lot (she has only after all these years got round to putting a gravestone on his grave)....
She still lives in the massive house (on her own) that she shared with my father and I wonder too if I would have any claim to the house if she dies or sells?
If anyone can give me any answers or clues to the complex world of probate law and if there is anything in this worth pursuing I would be very grateful.
thanks
A

seven-day-weekend

Rules of Intestacy in England and Wales:


http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

Newly_retired

As they were married she is his heir. If you were dependant on him at the time of his death you would have had more of a claim. But it seems you were 21 and possibly working by then?
It does depend how much the estate was worth though.
Excellent article from Advice Guide - see above.
At least you got £100K. If you weren't a dependant that may have been more than your step-mother was legally obliged to do. At least she honoured his wishes there.
If his estate was larger than the amount stated in the article, seek legal advice.
Your father should have made a will and made greater provision for his children but sadly he didn't.

RAS

A lot depends whether the house was held as joint tenants or tenants in common.

If it was a joint tenancy, then as the sole survivor becomes the sole tenant and the house is not included in the estate at all.

YesWillMan

In 2001 (i.e. eleven years ago) if a person with children died without leaving a will

the surviving husband or wife shall take the personal chattels absolutely and, in addition the first £125,000 of the residuary estate of the intestate (other than the personal chattels) subject to providing for that sum and the interest thereon, the residuary estate (other than the personal chattels) shall be held—
(a) as to one half upon trust for the surviving husband or wife during his or her life, and, subject to such life interest, on the statutory trusts for the issue of the intestate, and
(b) as to the other half, on the statutory trusts for the issue of the intestate

Statutory trusts just means the issue getting monies at the age of eighteen.

So the £800,000 plus any other assets would form part of your father's estate together with a share of the property if your father owned part of the property as Tenants in common. If it was jointly owned then his share would pass to your stepmother.
So excluding the house and bank accounts that would mean the 800,000 less 125,000 would be 675,000 giving 337,500 in life interest for the Stepmother and 337,500 in Statutory trusts for you and your brother which meaning that being over 18 means that you should of had this at least not just 100,000 each.

This is laid down by law so there is no argument that Stepmother can put forward and you and your brother have valid claims. See a STEP Solicitor if I was you.

PS Just to clarify the other £375,000 goes between the 2 of you on Stepmothers death.

Mojisola

The life insurance sometimes passes directly to a named person and isn't counted as part of the estate. If the house was also owned as joint tenants, the estate could have been very small.

mvteng

If your father live in Scotland you certainly have rights.