Intestacy rules, can they be challenged?

cc1901

My dad passed away in January with no will. No surviving spouse, just myself and my sister. 

My sister claims my dad didn’t want her to have any money, he said to me he didn’t want her to have any. No written evidence.
Have lodged a small claims court case - she has responded disputing the claim saying dad did not want me to have any money so she is carrying out his wishes.

I don’t believe you can challenge the rules of intestacy?

I have dealt with the majority of clearing/selling his items and have given her 50% of everything.

I have progressed the court case which will first go to mediation but I wanted to be 100% sure that I am correct and that his estate is split equally between surviving children. Can anyone help please? 

[Deleted User]

You appear to be correct - presumably you are in England?

https://www.gov.uk/inherits-someone-dies-without-will

Albermarle

cc1901 said:

My dad passed away in January with no will. No surviving spouse, just myself and my sister. 

My sister claims my dad didn’t want her to have any money, he said to me he didn’t want her to have any. No written evidence.
Have lodged a small claims court case - she has responded disputing the claim saying dad did not want me to have any money so she is carrying out his wishes.

I don’t believe you can challenge the rules of intestacy?

I have dealt with the majority of clearing/selling his items and have given her 50% of everything.

I have progressed the court case which will first go to mediation but I wanted to be 100% sure that I am correct and that his estate is split equally between surviving children. Can anyone help please? 

The bit in bold does not make sense, an error maybe?

Anyway this is not the right forum for your question, as it is about tax issues. You should repost in this forum.

Deaths, funerals & probate — MoneySavingExpert Forum

cc1901

Thank you, yes in England.

I’ll repost thanks - the part in bold meant my father apparently said to my sister he did not want me to have any money when he died. My father had said to me he did t want my sister to have any money..

cc1901

My dad passed away in January with no will. No surviving spouse, just myself and my sister. 

My sister claims my dad didn’t want her to have any money, he said to me he didn’t want her to have any. No written evidence.
Have lodged a small claims court case - she has responded disputing the claim saying dad did not want me to have any money so she is carrying out his wishes.

I don’t believe you can challenge the rules of intestacy?

I have dealt with the majority of clearing/selling his items and have given her 50% of everything.

I have progressed the court case which will first go to mediation but I wanted to be 100% sure that I am correct and that his estate is split equally between surviving children. Can anyone help please? 

cc1901

Thanks for the link - I had been researching and the rules of intestacy can be challenged in certain circumstances- for example an unmarried spouse is not included in the rules of intestacy so under the Inheritance  (Provision for Family and Dependants) Act 1975 they could claim they haven’t had their financial share.
I’m  progressing the case to court but just wanted to be 100% sure I’m correct that the estate should be split equally between myself and my sister and she has no legal right to keep my share. 

cc1901

Just to add…. I had been researching and the rules of intestacy can be challenged in certain circumstances- for example an unmarried spouse is not included in the rules of intestacy so under the Inheritance  (Provision for Family and Dependants) Act 1975 they could claim they haven’t had their financial share.
I’m  progressing the case to court but just wanted to be 100% correct and that the estate legally should be split equally between myself and my sister and she has no legal right to keep my share.

stuhse

I think you need to re read your post and edit it. It doesnt appear to make sense.

uknick

To summarise, hopefully correctly; you, the son, say your father said everything goes to you and your sister says your father said everything should go to her.  Both of you have nothing in writing to support these assertions and he died without leaving a will.

If this does go to court, and it is as you say, all the judge will do is rule the estate should be split 50/50 and then no doubt smile to himself when all the estate value goes to pay the legal bills.

I am a little puzzled why you mention small claims court.  They won't deal with contentious probate cases.  They have to be heard in the High Court, hence the enormous legal costs involved.

A decent solicitor, that is one who is not in it to milk the parties involved for all they have, would get you both together, explain the statutory position for intestate estates and then send you on your way.

Out of interest, what is the estate worth?

uknick

Can we keep this thread just in the probate section please.  Otherwise it could cause confusion.

MSE_ForumTeam5

We've merged the threads