Inheritance (Provision for Family and Dependants) Act 1975, and estranged Sons

Savvy_Sue

Keep_pedalling said:

TonyMMM said:

They are your husband's half-siblings and have also lost their father - even if he has no desire to know them I would ignore the tone of their letter and just reply politely, expressing your condolences, telling them who the executors are, and enclose a copy of the will. Doing that, rather than immediately being confrontational and involving solicitors, may defuse things now that they have had their opportunity to "vent" ....

You could consider asking if there was any small item (maybe a photo or something) from their father that they would like for sentimental reasons.

You can't stop them making a claim ( however unlikely it is to succeed), but you want to avoid that if at all possible given the potential stress, delays and costs it may cause to the estate.

I can’t see the point of providing a copy of the will, they will be able to see that once probate has been granted. This person sounds like trouble and they can gum things up by submitting a caveat to the probate office, better not to poke a stick in that hornets nest. 

Do they need a copy of the will to issue a caveat? 

I agree it may be worth asking if there is anything they'd like for sentimental reasons, but this might lead to difficulties if they ask for something which no longer exists (or perhaps never did exist!)

Keep_pedalling

Savvy_Sue said:

Keep_pedalling said:

TonyMMM said:

They are your husband's half-siblings and have also lost their father - even if he has no desire to know them I would ignore the tone of their letter and just reply politely, expressing your condolences, telling them who the executors are, and enclose a copy of the will. Doing that, rather than immediately being confrontational and involving solicitors, may defuse things now that they have had their opportunity to "vent" ....

You could consider asking if there was any small item (maybe a photo or something) from their father that they would like for sentimental reasons.

You can't stop them making a claim ( however unlikely it is to succeed), but you want to avoid that if at all possible given the potential stress, delays and costs it may cause to the estate.

I can’t see the point of providing a copy of the will, they will be able to see that once probate has been granted. This person sounds like trouble and they can gum things up by submitting a caveat to the probate office, better not to poke a stick in that hornets nest. 

Do they need a copy of the will to issue a caveat? 

I agree it may be worth asking if there is anything they'd like for sentimental reasons, but this might lead to difficulties if they ask for something which no longer exists (or perhaps never did exist!)

No they don’t need a copy to do that, but getting a copy just might prompt them to do so.

TamVilla80

Keep_pedalling said:

Savvy_Sue said:

Keep_pedalling said:

TonyMMM said:

They are your husband's half-siblings and have also lost their father - even if he has no desire to know them I would ignore the tone of their letter and just reply politely, expressing your condolences, telling them who the executors are, and enclose a copy of the will. Doing that, rather than immediately being confrontational and involving solicitors, may defuse things now that they have had their opportunity to "vent" ....

You could consider asking if there was any small item (maybe a photo or something) from their father that they would like for sentimental reasons.

You can't stop them making a claim ( however unlikely it is to succeed), but you want to avoid that if at all possible given the potential stress, delays and costs it may cause to the estate.

I can’t see the point of providing a copy of the will, they will be able to see that once probate has been granted. This person sounds like trouble and they can gum things up by submitting a caveat to the probate office, better not to poke a stick in that hornets nest. 

Do they need a copy of the will to issue a caveat? 

I agree it may be worth asking if there is anything they'd like for sentimental reasons, but this might lead to difficulties if they ask for something which no longer exists (or perhaps never did exist!)

No they don’t need a copy to do that, but getting a copy just might prompt them to do so.

What do you mean by issuing a caveat? How could they do this and what could the reason be for them to be able to do it?

Thanks for everyone's help btw, all really helpful and appreciated!

Keep_pedalling

TamVilla80 said:

Keep_pedalling said:

Savvy_Sue said:

Keep_pedalling said:

TonyMMM said:

They are your husband's half-siblings and have also lost their father - even if he has no desire to know them I would ignore the tone of their letter and just reply politely, expressing your condolences, telling them who the executors are, and enclose a copy of the will. Doing that, rather than immediately being confrontational and involving solicitors, may defuse things now that they have had their opportunity to "vent" ....

You could consider asking if there was any small item (maybe a photo or something) from their father that they would like for sentimental reasons.

You can't stop them making a claim ( however unlikely it is to succeed), but you want to avoid that if at all possible given the potential stress, delays and costs it may cause to the estate.

I can’t see the point of providing a copy of the will, they will be able to see that once probate has been granted. This person sounds like trouble and they can gum things up by submitting a caveat to the probate office, better not to poke a stick in that hornets nest. 

Do they need a copy of the will to issue a caveat? 

I agree it may be worth asking if there is anything they'd like for sentimental reasons, but this might lead to difficulties if they ask for something which no longer exists (or perhaps never did exist!)

No they don’t need a copy to do that, but getting a copy just might prompt them to do so.

What do you mean by issuing a caveat? How could they do this and what could the reason be for them to be able to do it?

Thanks for everyone's help btw, all really helpful and appreciated!

If you want to stop someone applying for probate you can issue a caveat. Normally you would do this because you had concerns about the person applying for it, but you don’t have to give any reason why you are placing one and it only costs £3 to do it, so if some just wants to make your life difficult it is pretty easy to do 

https://www.gov.uk/stop-probate-application

https://grantsaw.com/services-for-you/contested-trust-and-probate-disputes/lodging-a-caveat-or-seeking-to-remove-a-caveat#:~:text=A Caveat can be removed,Warning”%20at%20the%20Probate%20Registry.

TamVilla80

Ok, so they could just annoy us and keep being a pain without reason for as little as £3, great news! I will look further into this, thank you

Daniel54

As per the links provided by Keep Pedalling,a caveat can only be submitted pre probate

I agree with others that you are best not to engage with this individual.You should not supply information to which he is not currently entitled ( executors,will etc) .Nor should you reply to the letter,as any reply might stimulate further interest/activity on his part.Let it lie

As he is not a beneficiary the executors are under no obligation to tell him when probate has been granted,and in their position I suggest they should not do so.If he has the nous then he will be able to find the details post grant of probate

To be frank,the less he knows,the better ,from the point of view of being a potential  irritant to the smooth administration of the estate

The will represents your father in law's wishes and it should be acknowledged ,not least by the executors, that he will have had his reasons for framing it in this way,although those reasons might well have gone to his grave with him

There may come a time for a courteous response to the letter received,but certainly not before grant of probate and ideally,not until 6 months after that.It crossed my mind that that your husband might acknowledge the letter without comment,but I think he is better not suggesting in any way at this point  that he might be an executor  

Keep_pedalling

TamVilla80 said:

Ok, so they could just annoy us and keep being a pain without reason for as little as £3, great news! I will look further into this, thank you

Could be worse, under Scottish law you can’t simply disinherit children they can make a claim against their parent’s movable assets.

JJWSJS8700

What happened to the property the father lived at with the estranged sons mother, or is this it?

The estranged son might have a Deed of trust stating his mother and her children, has a share, on the property or maybe even own it.

Many people gift away assets they do not own, that’s why a will states:

AFTER my debts are paid....
incase someone has a claim.

If they have no claim, I would
explain that you knew nothing of his half siblings, etc., and make a gift to them from the estate, because they can make it very awkward and costly for years by placing a caveat, plus why should they be left out anyway, show you are both better people.

TamVilla80

JJWSJS8700 said:

What happened to the property the father lived at with the estranged sons mother, or is this it?

The estranged son might have a Deed of trust stating his mother and her children, has a share, on the property or maybe even own it.

Many people gift away assets they do not own, that’s why a will states:

AFTER my debts are paid....
incase someone has a claim.

If they have no claim, I would
explain that you knew nothing of his half siblings, etc., and make a gift to them from the estate, because they can make it very awkward and costly for years by placing a caveat, plus why should they be left out anyway, show you are both better people.

They divorced before my father in law got married to my late mother in law (late 70s) They bought the house in question in the mid 80's.
His first wife (sons mother) has also passed away a few years ago.
I'm not sure about offering them something as I don't think anything we offered would be enough for them?! 
I have known my father in law for 20+ years and he was always very secretive about reasons why, but his stance was clear that he wanted nothing to do with them and they would get nothing from him, so then we have to respect his wishes more than someone we have never met.
It's so hard, whatever we do we are doing both the right and the wrong thing to someone 😖

tooldle

If the estranged sons are 50+ it is very likely they do remember living with their father. Things were different in the 70’s and divorce was not as common as it is now. Those sons may have been ‘dumped’ for reasons they did not understand, and now are expressing the anger and frustration built up over the years. FiL not ever wishing to discuss the situation may point to FiL being ashamed of his own part in whatever happened. 

My advice would be, try to not assume or form an opinion on the sons. If you can find the energy, write back and try to build bridges. Keep it simple and says you know nothing of the circumstances of the past. Whilst your OH may not want contact now, he may change his mind when the stress of administering the estate has passed. 

Keep in mind these ‘sons’ were children when whatever happened, happened. Who knows what they have heard, or been told over the years. Your FiL is in part responsible.