No Will Help!

MisterE1

Hi, I have a friend who needs help. Her father past away recently without writing a will. It was an unexpected sudden death and did not get around to making a will. He had suffered from a disability and was in constant pain for 5 years which he struggled to walk. He had just bought a new ground floor flat to help him live comfortably. He promised to give his daughter and granddaughter his old house and £20,000 to fix it up. However he past away a week before he managed to sign anything or even move into his new home. His daughter took care of him and spoke to him daily often struggling but she did it anyway. Nobody else helped including any part of his family, she was the only person who was there for him. He also has a son who caused him problems around 10 years ago from then he has not shown an interest, never spoke to him never took care of him. Now he has died he has turned up on the scene demanding half of his estate. which is two properties and a large some of money from savings. He did not want his son to have anything. He told his daughter that her and his granddaughter would receive everything.
Is there anything she can do? Even with the home she was promised/given (without signing it over). Can she fight it?

Thanks for any advice given

Brighty

If he didn't want his son to get anything, he should have written a will.
Without a will, he died 'intestate' and there are specific rules as to who get's what
https://www.gov.uk/inherits-someone-dies-without-will
The jist of it is, assuming no surviving spouse, then his estate is shared equally between his children, so 50/50, assuming there are no other full, half or adopted children in the woodwork somewhere.
There is nothing she can do, the amount she cared for him and the brother didn't is irrelevant, it gets shared 50/50

MisterE1

Thanks Brighty,

I thought that, what a shame. Morally its wrong.

Yorkshireman99

MisterE1 wrote: »

Thanks Brighty,

I thought that, what a shame. Morally its wrong.

Assuming their was no wife then the estae gets divided between the two childtren. Someone needs to apply for letters of adminstration. I suggest you friend applies ASAP to prevent the brother geting up to no good. He needs to be prevented from squatting in any of the properties.

Brighty

MisterE1 wrote: »

Thanks Brighty,

I thought that, what a shame. Morally its wrong.

Important things wills aren't they.

If you think about it though, with no will proving what the fathers wishes were, we only have your friends word on it, what if she was lying? What if the brother turned up and said the same thing? Who should it all be given to? The only fair thing to do is split it 50/50

McKneff

Maybe not morally wrong, you dont know the circumstances of the situation
Only what you have been told by someone.

If father had been in ill health for a long time, that should have prompted him into making a will.

Son is only going to get what he is legally entitled to.

Maybe it may bring sister and brother together again, hopefully

Gilead

Not a question of morals - the father just didn't bother to write a will even though the claim is there was a deep family divide or dispute. And again, you only have one side of the story so don't take it as gospel.