Confusing inheritance

wife25

Hi not sure if I have posted this in the right place, but here goes.
My husband's father died 20 years ago, leaving behind his wife and another son. My husband has a different mother. So the brothers are only half siblings. The wife of my husbands father has now also died. We didnt want to cause any heartache whilst she was still alive, but we now know that the two houses my husbands father owned has recently been sold for over 500k. I think you can understand why he would now like to make a claim to inheritance or will it be sadly to late
. Thanks in advance.

newcook

all depends what was mentioned in the will that the dad left - did he leave everything to his wife?

TonyMMM

What did his father's will say 20 yrs ago ? Was your husband left anything at the time - and did he see a copy of his father's will ?

How old was your husband when his father died , and was he in any way financially dependent on him at the time ?

If everything was left to his wife with no trusts/conditions or other provision for your husband - it would now be a matter for her will to pass on any remaining estate to whoever she wished.

londonsurrey

It depends on your husband's father's will. If he left something to your husband, then your husband should get something.

If the father's will left everything to other people, then your husband gets nothing.

This is according to English law. Of course if the father was something else, say French, then it would be a different matter.

peachyprice

Did his father leave everything to his wife in his will or did he make provisions for your husband and half brother too?

wife25

The father did not leave a will.

Gigglepig

The HMRC has a useful guide on their website:
http://www.hmrc.gov.uk/cto/customerguide/page14-1.htm

If this was in England, and the dad was married at the time, and left behind children the following may apply:

HMRC Inheritance Tax: Customer Guide
You have selected the following

The estate is in England & Wales
There is a surviving spouse or civil partner
There are children or remoter issue of the deceased
If this is not correct return to page 14 of the Customer Guide

If this is correct, the estate passes as follows

The surviving spouse or civil partner receives the chattels, a statutory legacy of £250,000 (£125,000 if the death was before 1 February 2009) and a life interest in half of the residue.
The children receive the other half of the residue in equal shares. If any of the deceased’s children have died leaving issue, then the issue will receive their parents' share per stirpes.
Note - If the estate is less than £250,000 (£125,000 if the death was before 1 February 2009), the deceased's surviving spouse or civil partner will receive the whole of the estate.

It may also depend on how the properties were owned in the first place; see this CAB guide

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

If the partners were beneficial joint tenants at the time of the death, when the first partner dies, the surviving partner will automatically inherit the other partner's share of the property. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share.

Hope this helps!

wife25

So it means the wife gets half and the two sons share the remainder. So should my husbands brother have notified my husband. Because he didnt. We heard by way of mouth.

TonyMMM

wife25 wrote: »

The father did not leave a will.

Then your husband may have been entitled to an inheritance from his father under the rules of intestacy - but bear in mind that properties and other assets may have been held in joint names and so would have passed to his wife outside of any estate.

Someone would have to have dealt with his father's estate , even though there was no will, and letters of administration would have been obtained. A copy of this, which will confirm the estate value, will be available from the probate office.

wife25

So would it be worth going on with it or is it too late ?

BitterAndTwisted

Did the wife or the half-siblings have any means of contacting your husband upon the death of their father? If they did, and no contact was made, it is likely that the father left nothing to his children. It's always worth checking with the probate office. Neither of you have anything to lose but some of your time and a minimum of effort.