Rights following parent death

Gers

comeandgo wrote: »

If you are in Scotland then children do have a legal right to share one third of a parent's movable estate.

Almost right.

The children are collectively entitled to one-third of the deceased's worldwide net moveable estate if the deceased left a spouse or civil partner, or to one-half of it if the deceased left no spouse or civil partner. Each child has an equal claim. It should be noted that the position of adopted children is the same as that of natural children for the purposes of succession in Scotland.

74jax

brewthebear wrote: »

Blood relatives does not give you any more rights than the common law wife unless of course if there is a will naming you and your brothers/sisters.

This is completely wrong and should not be used as advice.

MovingForwards

https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

Intestacy rules for England and Wales.

Assuming there was no will.

MovingForwards

https://www.gov.scot/publications/consultation-law-succession/pages/3/

Intestacy rules for Scotland, assuming there was no will.

AnotherJoe

Did he own a house?

If not, is there going to be much left?

Joint bank accounts wont apply.
You blame his partner, but he had 20 years to sort things out and IMNSHO is equally culpable for not ensuring that not only was there a will but you knew where it was.
You could preempt the situation by starting the probate process yourself. Only worth doing if there was a house I suspect.

DairyQueen

brewthebear wrote: »

Your father had a partner better known as a common law wife for 20 years thats hardly a girlfriend.His possessions would surely be theirs after 20+ yrs ?
Blood relatives does not give you any more rights than the common law wife unless of course if there is a will naming you and your brothers/sisters. The fact you did not get on is irrelevant Why should you need to know how she is being funded ! If your Dad was not happy why did he live with her for 20+ yrs. I am not sure why you think you are entitled to anything because they were not married.
I find it hard to believe that if you were in touch regularly with your father you would have been aware of his ill health. There seems to be a lot of if and buts in your question.

OP: Fortunately, the majority of those contributing to this forum only post when they know they can offer educated advice. However, there are always the occasional exceptions.

I have only just read the quoted post. Others have already challenged the breathtaking ignorance of the poster. As the old saying goes: "Better to stay silent and have others suspect that you are ignorant than to open your mouth and confirm the fact".

TBagpuss

OP, if there is no will, you or your siblings can apply for 'Letters of Administration' to deal with your Dad's estate.

Did your dad own a house? You may want to check the Land Registry detaisl for it, if so. Ifhe and his partner both owned the house, then you wouldneed to check whether they owned as Joint tenants (in which case it will automatically have become hers upon his death, and you will have no claim over it) or as tenants in common, (in which case the proportion of the house he owns will be part of his estate and will come to you and your siblings, if he did not make a will)

If they hasd any joint accounts then those, too, will have gone directly to his partner.

You could write to or otherwise contact saolicitors in his local area to enquire about hwether he made a will, however, due to confidentiality they will not be able to tell you without evidence that he is dead and that you are his child, so you will need copies of his death certificate and proof of your own ID. (if there is a will but you are not the executor, they still may not be able to tell you)