Very confusing situation regarding Dad's will.

dfgdfghxdfdzgv

Hey guys,

Quick background - Dad died in November from stomach cancer. Knew he was going (as did we) so he got his finances in order. With no malice he explained he was leaving all his money to his wife (not my Mother), and the money would then be split between me and my brother when she died. Seems fair, though I could well be 70 myself by then and hopefully with little need for it!

Issue is, despite being born and raised in Kent (as I was and still live here), he spent the last decade of his life in Scotland.

Now I didn't know until he died, but Scottish law allows the person's children to claim rights to "movable" estate (so everything except his house pretty much), which for reasons I don't quite understand would be 1/6th for me, another 1/6th for my brother.

So last week, nearly 6 months later, his estate is calculated and I'm told the amount. It isn't huge, but given I currently have no money, am struggling to start a business, live meal to meal, and have even considered shoplifting just to eat, it would certainly set me for the next few years at least, could possibly even get me a property if I invest wisely.

I don't want to go against his wishes, but on the moral side I'm pretty much decided. I won't be leaving his wife short by means, she is highly qualified and earns a decent amount herself, so won't exactly struggle, and part of me wonders if my Dad knew this would happen and did it like this so as not to "rock the boat". Certainly his style, a very clever and diplomatic chap!

But my main issue, and why I'm posting here, is knowing what to do next. The letter his solicitor sent says (obviously) as they represent him, they can't offer legal advice or represent me. I can't afford a solicitor myself, and it kind of doesn't matter - phoned a local reputable place and they explained that not only is Scottish law so different to English law they wouldn't want to take it on, from a legal view, Scotland is separate from England & Wales, so they wouldn't be allowed to deal with this anyway.

So what do I do? The letter has two tickboxes (I wish to claim his estate/I wish to discharge my claim), but I assume it isn't a case of ticking a box, signing it, sending it back, and getting a cheque? I assume this means months, or years even, of legal battles? I just don't have it in me, nor do I have the money. I've had serious mental health issues myself, and since my Dad died I have attempted suicide, so a hearty legal battle is last thing I need.

Any advice or answers massively appreciated here guys. Loads of other little things confusing me too about the letter I got and the breakdown of his estate, but I'm beyond thinking about it right now and I doubt they're answerable questions anyway.

Yorkshireman99

dfgdfghxdfdzgv wrote: »

Hey guys,

Quick background - Dad died in November from stomach cancer. Knew he was going (as did we) so he got his finances in order. With no malice he explained he was leaving all his money to his wife (not my Mother), and the money would then be split between me and my brother when she died. Seems fair, though I could well be 70 myself by then and hopefully with little need for it!

Issue is, despite being born and raised in Kent (as I was and still live here), he spent the last decade of his life in Scotland.

Now I didn't know until he died, but Scottish law allows the person's children to claim rights to "movable" estate (so everything except his house pretty much), which for reasons I don't quite understand would be 1/6th for me, another 1/6th for my brother.

So last week, nearly 6 months later, his estate is calculated and I'm told the amount. It isn't huge, but given I currently have no money, am struggling to start a business, live meal to meal, and have even considered shoplifting just to eat, it would certainly set me for the next few years at least, could possibly even get me a property if I invest wisely.

I don't want to go against his wishes, but on the moral side I'm pretty much decided. I won't be leaving his wife short by means, she is highly qualified and earns a decent amount herself, so won't exactly struggle, and part of me wonders if my Dad knew this would happen and did it like this so as not to "rock the boat". Certainly his style, a very clever and diplomatic chap!

But my main issue, and why I'm posting here, is knowing what to do next. The letter his solicitor sent says (obviously) as they represent him, they can't offer legal advice or represent me. I can't afford a solicitor myself, and it kind of doesn't matter - phoned a local reputable place and they explained that not only is Scottish law so different to English law they wouldn't want to take it on, from a legal view, Scotland is separate from England & Wales, so they wouldn't be allowed to deal with this anyway.

So what do I do? The letter has two tickboxes (I wish to claim his estate/I wish to discharge my claim), but I assume it isn't a case of ticking a box, signing it, sending it back, and getting a cheque? I assume this means months, or years even, of legal battles? I just don't have it in me, nor do I have the money. I've had serious mental health issues myself, and since my Dad died I have attempted suicide, so a hearty legal battle is last thing I need.

Any advice or answers massively appreciated here guys. Loads of other little things confusing me too about the letter I got and the breakdown of his estate, but I'm beyond thinking about it right now and I doubt they're answerable questions anyway.

Are you claiming any means tested benefits? Regardless of your choice the amount would have to be declared. There should not be any battle if you claim as it is a right. Given what your circumstances are I would claim.

LilElvis

I would claim as well. Apart from anything else there is nothing stopping your stepmother from ignoring your father's wishes and leaving the residue of your father's estate to the cats home or her cleaner in her will, unless your father has put a trust arrangement in place.

Brighty

Just to add, whatever you do, the 2\3 or whatever that will pass to his wife is hers to do with as she wishes, it won't pass to you and your brother on her death, unless she makes a will to that effect

dfgdfghxdfdzgv

To answer the questions asked so far -

- No, not claiming benefits. Don't intend to either. I'm trying to run a business.

- Why would the amount (if I was claiming benefits) make any difference, and why would I have to declare it? I assume this is the case for any income?

- As far as I am aware, there is nothing in place to say his wife (she isn't my stepmother BTW, they married when I was already in my mid 20s) has to pass on the money upon her death. I haven't actually heard from her since the week he died, despite trying to contact her a couple of times. We didn't have any animosity between us, but we were never best friends either. I was beginning to think she might have done a runner.

- I realise her money is hers to do as she wishes, given the money was passed to her (in entirety) in my Dad's will. Like I say, a canny bloke and I doubt it wouldn't have crossed his mind that she simply would never contact me or my brother again, or mention us in her will. I think he knew the law in Scotland allows this and knew we'd have this opportunity. Sadly I can't ask him, so I'm second guessing.

To be honest, now all this has come up my mind is now going crazy with what to do about it, largely because it never came up before. We didn't speak about money before he died, apart from once where he explained that his estate would go to his wife. While I'm admittedly in a tricky situation at the moment being so broke, I've never been a money driven person. I'm happy just to get by and my Dad was the same - I assume he only has such an estate due to having a decent income and not being a big spender. Friends who knew my Dad was dying said that he'd see me right and always tried to look to the future, suggesting I could maybe get a house with whatever he left me (just friends trying to be helpful). I always said that it didn't bother me. I'd rather get nothing and have a little more time with him. That's pretty much what did happen, and I thought that was that until now.

Silvertabby

My sympathies on your loss.

Mr S was in a similar situation (UK law) - his father left everything to his 2nd wife, on the understanding that she would make out her will in favour of Mr S and his siblings (her step-children).

Well, step-mum remarried, then later died without leaving a will. The house that Mr S's father worked so hard to pay for is now in the hands of step-mum's widower - who has made it quite clear that it will go to his children (from his 1st marriage) on his death.

Yorkshireman99

The reason it can affect means tested benefits is the money may take the claimant above the capital limit they are allowed. It is taken into account even if you don't claim it. My advice is the same: claim it.

dfgdfghxdfdzgv

Yorkshireman99 wrote: »

The reason it can affect means tested benefits is the money may take the claimant above the capital limit they are allowed. It is taken into account even if you don't claim it. My advice is the same: claim it.

Ah right, of course, makes sense. I was thinking you meant the other way around, like the law meant I'd get less/more depending on income, hence why I asked.

So does no one have any advice on this? I'm not really looking for moral support (though it is welcome) I'm more looking for answers on what I do next. It's all well and good saying "claim it" but I've no idea how. I've never had to deal with anything like this before.

poppystar

dfgdfghxdfdzgv wrote: »

So what do I do? The letter has two tickboxes (I wish to claim his estate/I wish to discharge my claim), but I assume it isn't a case of ticking a box, signing it, sending it back, and getting a cheque? I assume this means months, or years even, of legal battles? I just don't have it in me, nor do I have the money. I've had serious mental health issues myself, and since my Dad died I have attempted suicide, so a hearty legal battle is last thing I need.

It sounds like it may well be that simple since the money is yours by right and the solicitor must follow the law.

Just make sure you tick the correct box! And then I'd photocopy it for your records before sending it back.

Yorkshireman99

dfgdfghxdfdzgv wrote: »

Ah right, of course, makes sense. I was thinking you meant the other way around, like the law meant I'd get less/more depending on income, hence why I asked.

So does no one have any advice on this? I'm not really looking for moral support (though it is welcome) I'm more looking for answers on what I do next. It's all well and good saying "claim it" but I've no idea how. I've never had to deal with anything like this before.

AIUI you tick the correct box and send the form back. I would enclose a covering letter stating that you need advice on the claim. As a Scots solicitor they should be able to advise you. You really don't have anything to lose. Even if you need to pay another Scots solicitor you will still be better off than if you did not but I expect you will just get a cheque in due course I don't think there is a great moral dimension. You are legally entitled to the money so claim it.

Brighty

Claim what you can now, morally your dads wishes were for all of it to pass to you eventually, it won't if she get it all, so get what you can now