My dad died intestate

Kitty1234

My dad has recently died suddenly and had no will. He left children from his first marriage and remarried 10 years ago to someone who already had a child. He had everything in his own name as he bought the house and took all the money into the relationship. As I understand probate will automatically give everything to my step mum under the intestacy rules, and she could cut his children out if she wanted to if she writes a will. I was just hoping for some help or advice on this situation and if there is any way to contest the intestacy rules?

Mojisola

If we're talking about England or Wales -

https://www.hmrc.gov.uk/cto/customerguide/page14-6.htm

There is a surviving spouse or civil partner
There are children or remoter issue of the deceased

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.

securityguy

Kitty1234 wrote: »

My dad has recently died suddenly and had no will. He left children from his first marriage and remarried 10 years ago to someone who already had a child. He had everything in his own name as he bought the house and took all the money into the relationship. As I understand probate will automatically give everything to my step mum under the intestacy rules,

Assuming this is England (it's different in Scotland) you are mostly correct. Spouse inherits everything up to £250k, and a life interest in half the residue. So if your father's estate is worth over £250k then it's more complex.

and she could cut his children out if she wanted to if she writes a will.

Correct: she can do whatever she wants with the first £250k. If she dies intestate then it passes to her child, not to her step children (a lawyer will correct me if I'm wrong).

whitewing

How do you know there was no will?

I'm just wondering why he wouldn't have made a will if he had a complicated family situation. Or did he have one that became void when he remarried?

getmore4less

how old are the first children?

Were(are) they dependant in any way.

Kitty1234

Unfortunately they did not 'get round to it' as she says but I know my dad told me they did not agree....so did not do one. Obviously he didn't expect to die young so we are in this mess.

Kitty1234

First 4 children are aged 29/31/33/35 from the previous marriage to my mum. None of us are dependant as such.

madbadrob

Under intestacy there is no dependent children issues. The fact is everything passes to his spouse who can then do what the hell she wants with the money. Well anything up to 250k. Over that has others say she gets a life interest in the extra which upon her death reverts to your fathers biological children

No there is nothing you can do to challenge the intestacy laws

Rob

getmore4less

madbadrob wrote: »

Under intestacy there is no dependent children issues. The fact is everything passes to his spouse who can then do what the hell she wants with the money. Well anything up to 250k. Over that has others say she gets a life interest in the extra which upon her death reverts to your fathers biological children

No there is nothing you can do to challenge the intestacy laws

Rob

The 1975 act still applies under intestate estates.

madbadrob

getmore4less wrote: »

The 1975 act still applies under intestate estates.

Agreed but its not so easy to get in this situation. That said the children in the OP are all adults so its immaterial

Rob

hellsbells0405_2

I think if it was me I would contact a solicitor for a free half hour interview. Maybe a letter from a solicitor would maybe ease the situation