Legal Rights

naedanger

Df26 said:

Keep_pedalling said:

This is really going to come down to whether it is going to be worthwhile you pursuing your share of his movable assets. Apart from the collectibles how much are we talking here?

Movable estate £3000 in total reported on inventory. 

As far as I am aware you are entitled to a 1/6th of the moveable estate. So a claim in a court for a 1/6th of the moveable estate as shown on the inventory should be very easy to win. (You were not listed on the Confirmation which makes their actions rather suspect, and they will not be able to produce any evidence of you making a claim or them paying a legal rights claim.)

To dispute the value as shown on the inventory will be harder, but if you have evidence I think more weight will be placed on your word than theirs since they seem to have lied.

If you were born after the will was written I would read the will very carefully to see if there is a clause, or even a few words,  that considers the situation of future children since I believe this would be normal practice for a professionally written will.

I would write to the executors a reasonably friendly letter saying you are claiming you legal rights and could they contact you in the next [14] days to make arrangements to pay. I would not state the monetary amount at this stage with the aim of collecting the amount due based on the inventory valuation without too much hassle before then disputing the inventory's valuations. As already said, if the amounts are within the limits for making a small claim you can use that process.

Keep_pedalling

naedanger said:

Df26 said:

Keep_pedalling said:

This is really going to come down to whether it is going to be worthwhile you pursuing your share of his movable assets. Apart from the collectibles how much are we talking here?

Movable estate £3000 in total reported on inventory. 

As far as I am aware you are entitled to a 1/6th of the moveable estate. So a claim in a court for a 1/6th of the moveable estate as shown on the inventory should be very easy to win. (You were not listed on the Confirmation which makes their actions rather suspect, and they will not be able to produce any evidence of you making a claim or them paying a legal rights claim.)

To dispute the value as shown on the inventory will be harder, but if you have evidence I think more weight will be placed on your word than theirs since they seem to have lied.

If you were born after the will was written I would read the will very carefully to see if there is a clause, or even a few words,  that considers the situation of future children since I believe this would be normal practice for a professionally written will.

I would write to the executors a reasonably friendly letter saying you are claiming you legal rights and could they contact you in the next [14] days to make arrangements to pay. I would not state the monetary amount at this stage with the aim of collecting the amount due based on the inventory valuation without too much hassle before then disputing the inventory's valuations. As already said, if the amounts are within the limits for making a small claim you can use that process.

It is a 1/6 if there is a surviving spouse which does not seem to be the case here. 

naedanger

Keep_pedalling said:

naedanger said:

Df26 said:

Keep_pedalling said:

This is really going to come down to whether it is going to be worthwhile you pursuing your share of his movable assets. Apart from the collectibles how much are we talking here?

Movable estate £3000 in total reported on inventory. 

As far as I am aware you are entitled to a 1/6th of the moveable estate. So a claim in a court for a 1/6th of the moveable estate as shown on the inventory should be very easy to win. (You were not listed on the Confirmation which makes their actions rather suspect, and they will not be able to produce any evidence of you making a claim or them paying a legal rights claim.)

To dispute the value as shown on the inventory will be harder, but if you have evidence I think more weight will be placed on your word than theirs since they seem to have lied.

If you were born after the will was written I would read the will very carefully to see if there is a clause, or even a few words,  that considers the situation of future children since I believe this would be normal practice for a professionally written will.

I would write to the executors a reasonably friendly letter saying you are claiming you legal rights and could they contact you in the next [14] days to make arrangements to pay. I would not state the monetary amount at this stage with the aim of collecting the amount due based on the inventory valuation without too much hassle before then disputing the inventory's valuations. As already said, if the amounts are within the limits for making a small claim you can use that process.

It is a 1/6 if there is a surviving spouse which does not seem to be the case here. 

I was also assuming there was no surviving spouse. There are three children who are entitled to share in 1/2 the moveable estate, so 1/6th each, based on what I have seen.

Keep_pedalling

naedanger said:

Keep_pedalling said:

naedanger said:

Df26 said:

Keep_pedalling said:

This is really going to come down to whether it is going to be worthwhile you pursuing your share of his movable assets. Apart from the collectibles how much are we talking here?

Movable estate £3000 in total reported on inventory. 

As far as I am aware you are entitled to a 1/6th of the moveable estate. So a claim in a court for a 1/6th of the moveable estate as shown on the inventory should be very easy to win. (You were not listed on the Confirmation which makes their actions rather suspect, and they will not be able to produce any evidence of you making a claim or them paying a legal rights claim.)

To dispute the value as shown on the inventory will be harder, but if you have evidence I think more weight will be placed on your word than theirs since they seem to have lied.

If you were born after the will was written I would read the will very carefully to see if there is a clause, or even a few words,  that considers the situation of future children since I believe this would be normal practice for a professionally written will.

I would write to the executors a reasonably friendly letter saying you are claiming you legal rights and could they contact you in the next [14] days to make arrangements to pay. I would not state the monetary amount at this stage with the aim of collecting the amount due based on the inventory valuation without too much hassle before then disputing the inventory's valuations. As already said, if the amounts are within the limits for making a small claim you can use that process.

It is a 1/6 if there is a surviving spouse which does not seem to be the case here. 

I was also assuming there was no surviving spouse. There are three children who are entitled to share in 1/2 the moveable estate, so 1/6th each, based on what I have seen.

I stand corrected. 

Df26

My father was married 3 time. From First marige are my 2 sisters. I am from second marige and 3 marige no children. 
Only my mum was alive when my father passed away sadly she is gone now too. 
I wrote to saciltors who dealt with the estate. 
I have been kept in dark on what is happening from day my dad died. Don't know how much funeral cost, didn't he had life policy. Nothing. 

Question about pension. I am able to contact them to find out why I didn't get anything? 

Thanks 👍

naedanger

If you know the name of the pension scheme or provider then you can certainly contact them to ask what happened. They probably aren't legally obliged to answer but I would hope they will. 

It would be usual for the pension scheme to follow any wishes the member expressed. So it may be that your late father told the pension scheme he wanted the money divided equally between his first two children. However it is also possible he never expressed any wish and the other children simply lied. Also the pension scheme is usually not legally obliged to follow the member's wishes. Hopefully if the pension scheme were misled they will tell you and make efforts to ensure you obtain anything due to you.

Keep_pedalling

Df26 said:

My father was married 3 time. From First marige are my 2 sisters. I am from second marige and 3 marige no children. 
Only my mum was alive when my father passed away sadly she is gone now too. 
I wrote to saciltors who dealt with the estate. 
I have been kept in dark on what is happening from day my dad died. Don't know how much funeral cost, didn't he had life policy. Nothing. 

Question about pension. I am able to contact them to find out why I didn't get anything? 

Thanks 👍

We’re they still married at the time?

Marcon

naedanger said:

If you know the name of the pension scheme or provider then you can certainly contact them to ask what happened. They probably aren't legally obliged to answer but I would hope they will. 

It would be usual for the pension scheme to follow any wishes the member expressed. So it may be that your late father told the pension scheme he wanted the money divided equally between his first two children. However it is also possible he never expressed any wish and the other children simply lied. Also the pension scheme is usually not legally obliged to follow the member's wishes. Hopefully if the pension scheme were misled they will tell you and make efforts to ensure you obtain anything due to you.

OP - you need to be careful how you phrase the question, because if could affect the answer you get. You also need to keep your approach as unemotional as you can. I'd be inclined to write (e-mail is fine) something along the lines that:

1. you've just seen the confirmation form which shows your father as having only 2 children (attach a copy to your letter/e-mail), but there were actually 3 when you are included
2. could the pension scheme confirm they were aware of your existence at the time they decided who should receive the funds 
3. if they were, could they further confirm why your two sisters benefited but you did not.

I'd have a word with TPAS for some free, impartial help before going any further: https://www.pensionsadvisoryservice.org.uk

Df26

Marcon said:

naedanger said:

If you know the name of the pension scheme or provider then you can certainly contact them to ask what happened. They probably aren't legally obliged to answer but I would hope they will. 

It would be usual for the pension scheme to follow any wishes the member expressed. So it may be that your late father told the pension scheme he wanted the money divided equally between his first two children. However it is also possible he never expressed any wish and the other children simply lied. Also the pension scheme is usually not legally obliged to follow the member's wishes. Hopefully if the pension scheme were misled they will tell you and make efforts to ensure you obtain anything due to you.

OP - you need to be careful how you phrase the question, because if could affect the answer you get. You also need to keep your approach as unemotional as you can. I'd be inclined to write (e-mail is fine) something along the lines that:

1. you've just seen the confirmation form which shows your father as having only 2 children (attach a copy to your letter/e-mail), but there were actually 3 when you are included
2. could the pension scheme confirm they were aware of your existence at the time they decided who should receive the funds 
3. if they were, could they further confirm why your two sisters benefited but you did not.

I'd have a word with TPAS for some free, impartial help before going any further: https://www.pensionsadvisoryservice.org.uk

Thank you
I have just send a general email about father passing away back in 2017 and if they could confirm that his pension has been claimed yet.  
I will wait for the reply first and then move on to asking if they know about 3 children. 

The pension provider knows about dads passing as I have reported that to them back in 2018. They were letters coming to my mums house with dads name on it. They send the form to be completed to proceed with claim which I handed to my sister. Never heard anything back. 

sheramber

keep -pedalling's   question is  relevant.
Was your mum still married to your dad when he died?
If so, she would be included in the inheritance.