What can I do to stop an unknown person from inheriting my dad's estate?

DannyG74

My dad died fifteen years ago and although his will did provide for me at the time, the bulk of his estate, including his home, which he paid for entirely and which is now worth a lot of money, went to his second wife who is now quite ill.

I don't know if she has made a will and I think it would be insensitive to ask in the circumstances. I get on well enough with my step-mother and visit her occasionally, but we are not really close. I am my dad's only child and his second wife has no children of her own, but she has a niece whom she adores.

If it turns out that her niece will inherit my dad's entire estate, is there anything I can do to challenge this, or at least claim some share of it for my own family? Of course, I understand that the estate legally belongs to his second wife, because he wanted to provide for her when he died. But I don't think he would have wanted it to go to her niece over me. It seems unfair than a person whom I've never met may now inherit it all.

I'd be very grateful for any suggestions.

getmore4less

Check dads will carefully if you have not seen it, he may have been advised to leave a life interest.

The solicitor at the time may know if there were will for both of them(allthough she could change it) and may still be dealing with her legal needs.

I can't see any grounds for a challenge, but knowing there is a will in existance in save hands may be prudant.

Only you can judge the reactions of the people involved if you do bring it up.

G6JNS

DannyG74 wrote: »

My dad died fifteen years ago and although his will did provide for me at the time, the bulk of his estate, including his home, which he paid for entirely and which is now worth a lot of money, went to his second wife who is now quite ill.

I don't know if she has made a will and I think it would be insensitive to ask in the circumstances. I get on well enough with my step-mother and visit her occasionally, but we are not really close. I am my dad's only child and his second wife has no children of her own, but she has a niece whom she adores.

If it turns out that her niece will inherit my dad's entire estate, is there anything I can do to challenge this, or at least claim some share of it for my own family? Of course, I understand that the estate legally belongs to his second wife, because he wanted to provide for her when he died. But I don't think he would have wanted it to go to her niece over me. It seems unfair than a person whom I've never met may now inherit it all.

I'd be very grateful for any suggestions.

What does you father's will say? Unless he just left his wife just a life interest then you have no claim. It was his money to do as he wished with and there is no un-fairmess.

Errata

Whether by accident or intention it would seem your father has treated you unfairly, but there's nothing you can do about that now

TBagpuss

as G6JNS says, unless your dad's will left his wife a life interest rather than leaving things to her outright, then no, you have no claim and basis to try to stop anything going to your step-mother's niece.

It may help you to stop thinking of this as your dad''s estate. It isn't. It is your step-mum's house, and her assets. Your dad's estate was deal with when he died, and while *you* may never have met his wife's niece, that isn't really relevant. Your dad did what he wanted to do, which was to provide for you (as you acknowledge) and then for his wife.
She is now free to do what she wants, and if that is to provide for her niecem, she is absolutely entitled to do so.

SailorSam

I've fallen out with some of my family and i've left more to a friend than them, they don't know her but she's a good friend to me and i'd hate the thought they were going to fight to get anything from her.

G6JNS

SailorSam wrote: »

I've fallen out with some of my family and i've left more to a friend than them, they don't know her but she's a good friend to me and i'd hate the thought they were going to fight to get anything from her.

Sadly they probably will (no pun intended!) do so. It seems families often feel they have some right to something that is nothing to do with them. Fortunately for me I don't have any living family but I would not be surprised if some close friends don't start fighting over my will. Tough!

amersall

Problem solved, leave it to me

g6jns_2

amersall wrote: »

Problem solved, leave it to me

That would make them behave like several ferrets in a sack!

BobQ

If your father's will went to Probate, you can check online the details and then apply for a copy which will include a copy of the Will. They will not know you have done this. Go to the https://www.gov.uk site and check. This may avoid a difficult conversation.

https://www.gov.uk/search-will-probate

If as has been said this reveals it is a life interest you may be entitled to something depending what the Will then bequeaths. If it was left to her absolutely then it is not your father's estate, it is hers to do as she pleases with.

Savvy_Sue

At least the OP recognises that it would be insensitive to ask about stepmother's will under the circumstances!