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

G6JNS

If there ever had been a claim then it would/should have been made after the father's death. Fifteen years on and with no apparent justification whatsoever your assertion is without any foundation as I suspect you well know.

rogueylawyer

G6JNS wrote: »

If there ever had been a claim then it would/should have been made after the father's death. Fifteen years on and with no apparent justification whatsoever your assertion is without any foundation as I suspect you well know.

Which part of the Act is unclear, I can clarify for you?

System

Clarify which part of that act actually means that the OP has anything better than a 0% chance of being successful

rogueylawyer

!!!!!! wrote: »

Clarify which part of that act actually means that the OP has anything better than a 0% chance of being successful

As I said before, I've highlighted something that OP should consider and that may have some prospects of success. We don't have enough information to hand to tell. If they don't, and OP is satisfied that they have considered all the options then at least they have made an informed decision.

Everyone before me had focused on contesting the will and I agree that such an action was very unlikely to be successful. I advised OP of a potential avenue that may have some benefit to them, although they didn't provide sufficient information to make a judgment call.

The posters before me either were unaware of the law I have quoted, or made their own judgment without allowing OP to consider and come to their own conclusion.

Ive not told OP whether or not they have good prospects, I've simply pointed them to something they might want to consider, and that no one else had considered or felt OP was entitled to be advissd upon. What's wrong with that?

g6jns_2

rogueylawyer wrote: »

Which part of the Act is unclear, I can clarify for you?

It is quite clear to me that there is zero chance of the OP getting anything. Every one of your posts has been nonsense in the context of this thread.

rogueylawyer

g6jns wrote: »

It is quite clear to me that there is zero chance of the OP getting anything. Every one of your posts has been nonsense in the context of this thread.

That's an interesting view, can you point me to the particular cases you're referring to?

McKneff

It is not your father's estate, as soon as he died, it became your stepmothers and as such she can
do what she likes with it.

System

rogueylawyer wrote: »

As I said before, I've highlighted something that OP should consider and that may have some prospects of success. We don't have enough information to hand to tell. If they don't, and OP is satisfied that they have considered all the options then at least they have made an informed decision.

Everyone before me had focused on contesting the will and I agree that such an action was very unlikely to be successful. I advised OP of a potential avenue that may have some benefit to them, although they didn't provide sufficient information to make a judgment call.

The posters before me either were unaware of the law I have quoted, or made their own judgment without allowing OP to consider and come to their own conclusion.

Ive not told OP whether or not they have good prospects, I've simply pointed them to something they might want to consider, and that no one else had considered or felt OP was entitled to be advissd upon. What's wrong with that?

But why do you think it applies when the consensus is that it doesn't. There are lots of Acts that might be considered but have no bearing on this so please explain in a bit more detail why you think there may be some mileage in this route as you appear to be the only one that does.

rogueylawyer

!!!!!! wrote: »

But why do you think it applies when the consensus is that it doesn't. There are lots of Acts that might be considered but have no bearing on this so please explain in a bit more detail why you think there may be some mileage in this route as you appear to be the only one that does.

Quite simply because I know it is something worth considering. There are a number of different types of claim that could arise out of dad's estate but after so long a period of time prospects are likely diminished.

So what are the options open to OP?

We don't know the contents of step mum's will but OP will not inherit on intestacy so there seems little point to OP contesting her will if OP does not inherit under step mum's will.

There may be a trust issue which arises but OP has provided no information. If, for example, OP was aware that dad had left everything to stepmum on the proviso that step mum distribute in accordance with a request, then a constructive trust issue might arise.

There is nothing to suggest that proprietary estoppel might arise as OP has made no reference to either dad or step mum making promises to OP which OP has relied upon to their detriment.

There are no formal trusts as far as we can see and therefore there are no trust arguments arising.

Finally, although a testator may leave their estate however they so wish they are restricted by the act I have previously mentioned. So let's work through the act.

Is OP one of the class of people who may claim? Yes. s1(1)(d) they are a child of the marriage. They are therefore entitled to bring a claim.

Second, has step mum made reasonable financial provision for OP. I think we are assuming that step mum will have made very limited or no financial provision for OP, as otherwise they will not have an issue as and when step mum passes away. If OP receives no financial provision then the hurdle they have to overcome is to show that they should have received some/any financial provision. The court will have regard to the factors set out in s3(1)(a)-(g) in considering what would have been reasonable financial provision for OP by step mum. These include the size of the estate, the financial needs and resources of OP and any other beneficiaries or applicants, and whether OP suffers a disability. the court will also have regard to any other circumstances, which would include a strong argument relating to the proportion of step mum's estate was made up of dad's estate, and the relationship between dad and OP and would dad really have expected his wife to disinherit OP.

Finally, the court will have regard to other Inheritance Act cases. Whilst ordinarily there is an assumption that claims by financial independent adult children (or stepchildren) are inherently weak, this is not the case. The vast majority of Inheritance Act cases do not reach trial because the costs of each party in getting to trial can be substantial, and there is a tendency of the court to award costs out of the estate in inheritance disputes. However, the case of Ilot v Mitson has become a touchstone for both sides of any child claiming against parent or step-parent's estate, as the claimant was estranged from her mother for decades, and yet still received 10% of the estate.

Ultimately, the issue for OP is to review the factors, see if there are any of magnetic importance for them (are they disabled? Do they have disabled children?) and it is not as simple as to say that step mum has not been financially maintaining OP on a monthly basis and therefore there is no claim for dependancy.

In conclusion, and as I have said throughout, OP should take a quick look over the Act, it's in fairly simple language and give you the opportunity of understanding what a court may consider. If this becomes relevant further down the line, OP should seek advice from a solicitor who is a member of ACTAPS (the Association of Contentious Trust and Probate Specialists) and discuss whether they wish to take this further. Bear in mind that a substantial number of cases do not proceed to trial, whether that means that they simply stall at the conclusion of investigations or whether a settlement is negotiated.

Edited to add - as I have said throughout, I am not saying that OP should bring a claim, or that they have good or even reasonable prospects of success. I do not have enough information to make that decision for them. However, it is something that is worth spending some time on, if things pan out as OP fears.

G6JNS

Pure hypothetical waffle.