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Step children contest will

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  • mamia2
    mamia2 Posts: 20 Forumite
    10 Posts First Anniversary
    xylophone said:
    Both step kids are near retirement age (one on benefits and one with pension). 

    An inheritance for the one on benefits might  lead to losing those benefits?



    I thought that too
  • mamia2
    mamia2 Posts: 20 Forumite
    10 Posts First Anniversary
    even if your father left no will then it is likely that only his children would have inherited, they are probably assuming that they have a right to share in the estate but they haven't. shows why it is important for second time around couples to ensure that all children get remembered in the will one way or another 

    Someone has told me they could claim on late mothers estate as only grant of letters of administration was issued , so no time issue for claiming , do you know if this is true
  • mamia2
    mamia2 Posts: 20 Forumite
    10 Posts First Anniversary
    Someone has told me they could claim on late mothers estate as only grant of letters of administration was issued , so no time issue for claiming , do you know if this is true
  • JGB1955
    JGB1955 Posts: 3,841 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    If your stepmother died intestate about 20 years ago, her husband would have been entitled to the first £125,000 of the estate, any excess going to her children.  Do you know how much she left, and when?
    #2 Saving for Christmas 2024 - £1 a day challenge. £325 of £366
  • mamia2
    mamia2 Posts: 20 Forumite
    10 Posts First Anniversary
    Mojisola said:
    mamia2 said:
    Someone has told me they could claim on late mothers estate as only grant of letters of administration was issued , so no time issue for claiming , do you know if this is true
    A grant of administration gives someone the right to sort out the estate according to the intestacy rules. 
    If those weren't followed at the time, they could have made a claim then - after 20 years, no chance.
    That's not to say that they could keep stringing things out - it's sometimes worth coming to an arrangement to settle these things.
    If it was your father who had died 20 years ago and your step-mother's children were now inheriting everything, wouldn't you feel a bit aggrieved?

    Mojisola said:
    mamia2 said:
    Someone has told me they could claim on late mothers estate as only grant of letters of administration was issued , so no time issue for claiming , do you know if this is true
    A grant of administration gives someone the right to sort out the estate according to the intestacy rules. 
    If those weren't followed at the time, they could have made a claim then - after 20 years, no chance.
    That's not to say that they could keep stringing things out - it's sometimes worth coming to an arrangement to settle these things.
    If it was your father who had died 20 years ago and your step-mother's children were now inheriting everything, wouldn't you feel a bit aggrieved?

    Probably , however there has been alot gone on behind the scenes and I know only my step-relatives would have inherited had my dad gone first and even my step mums own blood kids would have been excluded as she did this in a previous will before remarrying my dad !
  • mamia2
    mamia2 Posts: 20 Forumite
    10 Posts First Anniversary
    JGB1955 said:
    If your stepmother died intestate about 20 years ago, her husband would have been entitled to the first £125,000 of the estate, any excess going to her children.  Do you know how much she left, and when?

    Defo less than that in savings and house was in joint names
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Once they are aware of the potential costs of contesting a will, I doubt that they will be proceeding down that route.
    No free lunch, and no free laptop ;)
  • mamia2
    mamia2 Posts: 20 Forumite
    10 Posts First Anniversary
    macman said:
    Once they are aware of the potential costs of contesting a will, I doubt that they will be proceeding down that route.
    I truly hope so , I'm also hoping solicitor on no win no fee will advise they are unlikely to win any contest to the will 
  • pickledonionspaceraider
    pickledonionspaceraider Posts: 2,698 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 13 June 2020 at 4:22PM

    I am sure the deceased wife would have expected her husband to do right by her children considering he 'Dad inherited everything form second wife'. Do you think if she realised he was going to shaft her over, she might have left him with nothing and left it all to her own children, in the first place?

    Their own mothers blood sweat and tears has gone into building up that estate, for them to end up with nothing, whilst you and siblings get it all. How would you feel if it was the other way round ?

    Everything isn't always about 'the law' sometimes we need to do what is morally right, what we can live with 

    Honestly answer yourself this - how would you feel if it was the other way round :- your dad had worked hard all his life and predeceased his wife, who then went on to leave his entire fortune to her own children whilst you looked on....Feel good about that?

    IMO you are trying to justify this by speaking of the lack of relationship your Dad had with the step children, but that is really not what this is about, and is nothing compared to what is happening here. 
    With love, POSR <3
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