Dying Without A Will

Katykat

I am going to consult a solicitor, but thought I'd ask if anyone has had a similar situation. My mum and dad both made a will. Mum died and dad got her estate. 3 years later dad married again. His new wife was my mums cousin. They both sold their houses and bought a new one between them. Dad died without making a new will. Stepmum inherited his estate. She kept putting off making her will. She now has Alzeimers and is not able to make one at all. She has nobody but me and my brother, no children or siblings and I am her only carer. I know there are several cousins but dont know where they are or how many. Do I have any claim on her estate? I also have Power of Attorney. I realize this sounds mercenary, but all I can foresee is a load of legal wrangling awaiting me.

iain_60

Hi Katykat,

Give these guys a ring. http://www.willcraft.co.uk/
Cheaper than solicitors and very helpful. My wife and I can recommend them to you.

Iain

Nicki

Your dad's estate must have been quite small, as the intestacy rules say that your step mum would only inherit the first £125,000. Anything over this would be split in two - your stepmum would be allowed to use the interest in half and on her death the capital would go to you and your brother, and the other half would be split equally between you and your brother.

Depending on how long ago your dad died, your stepmum may well have run through most of the money anyway. If not, you are not entitled to a share of her estate automatically if she dies intestate as you are not a blood relative of hers, but you could apply to the court if you can show that she has been financially supporting you in some way during her lifetime (eg if she has been paying you a nominal amount as her carer). Otherwise, I am afraid the money would go to the cousins.