Children Getting Nothing!

crafting-queen

A very close friend of mine lost her father back in the summer, her mother had already passed away some years ago and he had re-married to a lady who has children of a similar age as her.
He didn't leave a will, even though it had been suggested that he should on many occasions.
Probate has now been settled and my friend and her two siblings have been given items, i.e a clock, a bit of jewellery and a few personal items.
He owned his own house, plus had a holiday apartment in Cyprus, which was also owned outright.
Over the weekend she has found out that her step mothers two children have benefited from his estate to the sum of a few thousand pounds each, plus the apartment in Cyprus has been signed over jointly to the step siblings.
My friend, is understandably angry that she and her brothers have not benefited financially from his estate, she feels that her children really have no right to the benefits of his passed assets accrued with her mother.
When she spoke to her step mother, who she got on fairly well with to a point, she was told that being his second wife his assets now belong to her to do with as she wishes. When he met her she had nothing, lived on a run down council estate, and was his cleaner, she was fifteen years younger than him, which originally caused problems, but of course it was his choice.
Her two other siblings live abroad, one in the U.S. and the other in Australia, so it is difficult for them to do anything. As there was no will, is there anything she can do to contest probate. Everything was kept hush hush while probate was going on, and my friend who has just had twins was not really available to get involved.
Is there anything she can do now that the money has been distributed.

rpc

It is hard to give details without more information on the size of the estate, but this is a perfectly possible outcome.

In E&W, the spouse would inherit the first £250k. If she was a joint owner of the house, this would pass outside of administration/probate. The kids only get a look-in above this level.

Second marriages are one of the scenarios where wills become really really really important so that instances such as this don't arise through inaction.

If the rules of intestacy haven't been followed (see https://www.gov.uk/inherits-someone-dies-without-will) then the administrator can be sued. This may not be cheap or easy.

sithemadmonkey

It depends on several circumstances.

What was the rough value of the estate (excluding the house in Cyprus)?

Was your friend (or any of their siblings) financially dependent on their father when he died?

Get back with those answers and people far more knowledgeable than I should be able to tell you more.

[EDIT]RPC's basically explained it better than I ever could, flippin' cross posts!

madbadrob

It would also depend on whose name the house in England was in. The property in Cyprus is another situation and you would need to clarify the laws of intestacy over there. If the estate is valued at under 250k then I am sorry but the children are not entitled and she can do what she wants with the money and property subject to Cypriot Law

As another thought the property in cyprus has to be taken into account for IHT so it may be well worth looking at whether she did this as well

Rob

madbadrob

http://www.buy-cyprus-property.co.uk/articles/intestacy-in-cyprus.php and http://rochfordessex.com/informer/tax-tips/inheritance/

See that regarding the property in cyrpus.

From this the wife can only claim half that property and the other half would go to the blood children. This may require you getting a solicitor in England who has some knowledge of Cypriot law or better still a lawyer in Cyprus. This means the mother can only give half of the property to her children

Rob

Mands

madbadrob wrote: »

It would also depend on whose name the house in England was in. The property in Cyprus is another situation and you would need to clarify the laws of intestacy over there. If the estate is valued at under 250k then I am sorry but the children are not entitled and she can do what she wants with the money and property subject to Cypriot Law

As another thought the property in cyprus has to be taken into account for IHT so it may be well worth looking at whether she did this as well

Rob

Forced heirship in Cyprus unless you are an expat and have a valid registered Cypriot will; then you may leave assets to whom you please.

So, with no Cypriot will the second wife gets 50% of the apartment and the blood-children get the other 50%. If he chose to sign over the apartment to the step-children before his death then that's another matter entirely.

If she wants legal advice on the Cypriot side she really needs to consult a lawyer in Cyprus; the High Commission holds a list of English-speaking lawyers here: https://www.gov.uk/government/publications/cyprus-list-of-lawyers

Mands

madbadrob

Mands wrote: »

Forced heirship in Cyprus unless you are an expat and have a valid registered Cypriot will; then you may leave assets to whom you please.

So, with no Cypriot will the second wife gets 50% of the apartment and the blood-children get the other 50%. If he chose to sign over the apartment to the step-children before his death then that's another matter entirely.

If she wants legal advice on the Cypriot side she really needs to consult a lawyer in Cyprus; the High Commission holds a list of English-speaking lawyers here: https://www.gov.uk/government/publications/cyprus-list-of-lawyers

Mands

I said exactly that in my follow up post

Rob

Mands

madbadrob wrote: »

I said exactly that in my follow up post

Rob

And, as an expat in Cyprus who has dealt with wills here, I re-iterated the part you'd said and added further information