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

Mojisola

rogueylawyer wrote: »

You know, I came over here looking through the threads because my own mother died two weeks ago and I was going to look for a little help and support myself.

I think I'm in the wrong place.

There'll be plenty of help and support if you want to post what help you need.

Inaccurate posts that might send another poster off on a wild goose chase can't be left unchallenged.

rogueylawyer

Mojisola wrote: »

There'll be plenty of help and support if you want to post what help you need.

Inaccurate posts that might send another poster off on a wild goose chase can't be left unchallenged.

Inaccurate how?

Dad made some financial provision but the bulk of estate passed to his spouse. OP is entitled to bring a claim under I(PFD)A75 (the merits of which are a slightly separate issue).

You have confused the issue's of the late father's death and whether there is a separate claim arising out of the hypothetical estate of the stepmother.

Do you know whether OP's stepmother has ever made financial provision for them, whether they are in dire financial need? Are you aware of the extent of OP's stepmother's hypothetical estate?

No.

Have you considered whether there may be any extraneous issues arising in relation to dad's estate which may not be subject to limitation? Just because OP hasn't mentioned them doesn't mean that they might not be there.

Several posters made comments with an outraged toned. If OP is in need of a gentle steer to consider the full facts, then I would have thought any decent person who help to steer them - not tell them off for even considering the thought.

Mojisola

getmore4less wrote: »

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.

rogueylawyer wrote: »

Dad made some financial provision but the bulk of estate passed to his spouse. OP is entitled to bring a claim under I(PFD)A75 (the merits of which are a slightly separate issue).

You have confused the issue's of the late father's death and whether there is a separate claim arising out of the hypothetical estate of the stepmother.

Do you know whether OP's stepmother has ever made financial provision for them, whether they are in dire financial need? Are you aware of the extent of OP's stepmother's hypothetical estate?

No.

Have you considered whether there may be any extraneous issues arising in relation to dad's estate which may not be subject to limitation? Just because OP hasn't mentioned them doesn't mean that they might not be there.

Several posters made comments with an outraged toned. If OP is in need of a gentle steer to consider the full facts, then I would have thought any decent person who help to steer them - not tell them off for even considering the thought.

The very first post already covered these issues. The discussion following is around the subject - after fifteen years the OP will not be able to contest the will.

rogueylawyer

Mojisola wrote: »

The very first post already covered these issues. The discussion following is around the subject - after fifteen years the OP will not be able to contest the will.

Again, and I say this with all due respect, the issue I have raised is not whether OP can contest dad's will, but whether in fact an alternative claim, directed at the surviving spouse, may be in issue. This doesn't even concern contesting step mum's will.

If dad made provision for OP at his death then fine, but this doesn't prevent an exploration as to whether stepmum should/would make reasonable financial provision for OP on her death. An exploration of what is reasonable will depend on various factors and a court will consider the position of dad's estate having passed to stepmum but essentially will look at stepmmum's estate, OP and stepmmum's beneficiaries and ask what is reasonable at that stage.

Thistledom also raised an interesting point which was sadly swept aside incorrectly,
If stepmum and dad have an agreement, either in their wills or a verbal arrangement then (ironically) an issue of a constructive trust may arise; there has been nothing in OP's comment to suggest that dad left estate to stepmum on the proviso that she make provision for OP but it's a situation which does occur. In those circumstances, if stepmum does not satisfy the condition upon which the estate was left to her, equity may enforce the promise.

OP has the right to access the information and to assess their own situation. It is not, in my opinion, anyone's responsibility
to tell them yes or no. The whole point of this board is to share information, not to reach the conclusion for the enquirer.

g6jns_2

rogueylawyer wrote: »

Again, and I say this with all due respect, the issue I have raised is not whether OP can contest dad's will, but whether in fact an alternative claim, directed at the surviving spouse, may be in issue. This doesn't even concern contesting step mum's will.

If dad made provision for OP at his death then fine, but this doesn't prevent an exploration as to whether stepmum should/would make reasonable financial provision for OP on her death. An exploration of what is reasonable will depend on various factors and a court will consider the position of dad's estate having passed to stepmum but essentially will look at stepmmum's estate, OP and stepmmum's beneficiaries and ask what is reasonable at that stage.

Thistledom also raised an interesting point which was sadly swept aside incorrectly,
If stepmum and dad have an agreement, either in their wills or a verbal arrangement then (ironically) an issue of a constructive trust may arise; there has been nothing in OP's comment to suggest that dad left estate to stepmum on the proviso that she make provision for OP but it's a situation which does occur. In those circumstances, if stepmum does not satisfy the condition upon which the estate was left to her, equity may enforce the promise.

OP has the right to access the information and to assess their own situation. It is not, in my opinion, anyone's responsibility
to tell them yes or no. The whole point of this board is to share information, not to reach the conclusion for the enquirer.

The stepmother and therefore her estate have no obligation whatsoever to the OP. The time for any challenge was to the OP's late father's will. The time for that has long expired. The suggestion that the OP has some claim is, to be quite candid, ludicrous.

rogueylawyer

g6jns wrote: »

The stepmother and therefore her estate have no obligation whatsoever to the OP. The time for any challenge was to the OP's late father's will. The time for that has long expired. The suggestion that the OP has some claim is, to be quite candid, ludicrous.

Here is the legislation...

http://www.legislation.gov.uk/ukpga/1975/63

s1(a)(d) (d)any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage; ... that person may apply to the court for an order under section 2 of this Act on the ground that the disposition of the deceased’s estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant.

G6JNS

rogueylawyer wrote: »

Here is the legislation...

http://www.legislation.gov.uk/ukpga/1975/63

s1(a)(d) (d)any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage; ... that person may apply to the court for an order under section 2 of this Act on the ground that the disposition of the deceased’s estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant.

Which is not relevant in this case. The OP had no financial dependency whatsoever on his stepmother.

rogueylawyer

G6JNS wrote: »

Which is not relevant in this case. The OP had no financial dependency whatsoever on his stepmother.

OP has not said that, and direct financial dependency is not the only issue to be considered to determine whether stepmother makes reasonable financial provision for OP

System

rogueylawyer wrote: »

OP has not said that, and direct financial dependency is not the only issue to be considered to determine whether stepmother makes reasonable financial provision for OP

Your aassertions don't really fit in with

I get on well enough with my step-mother and visit her occasionally, but we are not really close

I fail to see how you can read the OP as having any sort of dependence even emotionally on the step mother

rogueylawyer

!!!!!! wrote: »

Your aassertions don't really fit in with
I fail to see how you can read the OP as having any sort of dependence even emotionally on the step mother

I think some of the factors relevant under the Act are becoming mixed. I've not said that OP is a dependant, but a person entitled to claim. Financial and/or emotional dependence are not really the point, and the factors the court will consider are set out in the act.

My point is that there is an avenue that may or may not help OP and I have tried to highlight it. I would feel uncomfortable telling OP my view based on the very limited information that they have provided. I do think it is reasonable to give OP the tools to try and make a decision for themselves. It would seem that most people who have posted on this thread are keen to give their view, but not the tools to help OP come to a decision themselves.