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

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  • RAS
    RAS Posts: 35,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    msb1234

    I understand your step-siblings might feel as the last thing I wanted was anything that reminded me of my father. But I had a good relationship with his sibling, so when I was asked tentatively if I wanted a few mementoes they had I actually said yes. 

    The important bit is acknowledgement. The siblings didn't have a dewy eyed view of my father, disapproved of what he did and still loved him even if they kept apart. That acknowledgement gave me space to reduce my anger. 

    Proving neither you nor your siblings are on means-tested benefits, insolvent or likely to need care yourself, and if your stepfather leaves anything, you can do a deed of variation to share with your step siblings. As long as it is actioned with 2 years of his death.

    That needs the consent of those whose share is reduced, not of all the siblings.

    Even if the step siblings reject the offer, making an offer may take some of the sting out of situation.

    And even if they don't want to attend your step father's funeral, letting them know when it is gives them the chance to grieve, not just the loss of the body but also the loss of their family when they were so young.

    I chose to go to a quiet place and say good bye on my own terms.
    If you've have not made a mistake, you've made nothing
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    We are dealing with my late Father In Laws estate (about £250k altogether, with house value and cash) Based in England.
    His will stated that everything was to be spilt between my husband and his sister, however, my father in law had 2 estranged children from a previous marriage. 
    My husband has never met either of them, we don't know the reasons for the estrangement, but my Father In Law had no real contact with them for 30+ years.
    When he passed, on the advice of older family members, we asked other family members who had limited contact with one of them to let them know of his passing.
    This was in January, and my husband has this week received quite an aggressive letter from 1 of the sons (which is quite in character from what we have been told, could explain the estrangement, maybe? Also not sure how he has our address?!) asking to know the executors of the will, amongst a lot of ranting (executor was the bank, although they have renounced it to husband and his sister)
    We think they are both 50+ with families and careers, haven't had any financial support from Father In Law for many years, and he always refused any contact with them.
    Would they have any basis for a claim using the Inheritance (Provision for Family and Dependants) Act 1975? Father in law's will was written 10+years ago, he was in good mind then and right up to his passing. 
    Would we be ok to politely reply (we were going to politely reply with basic details) or should we get some legal advice and a solicitor to reply on our behalf (which I think looks defensive, more suspicious, and less personable)?
    Sorry for the long post! It's been a long 12 months of my father in law's illness and passing, and we could do without this now too, it's exhausting so would appreciate any advice.
    I think your husband would be fine to reply politely, thanking them for the letter and confirming that your husband and his sisters are executors. (Were they named as replacement executors in the will? Or has the bank renounced and they've applied to be appointed to administer the will?)  I think it is fine to delay a while before responding .
    Or indeed to just reply to thank him for getting in touch and to say that probate hasn't yet been granted 

    As others have said, it would be unlikely that they would be able to make a successful claim unless your FIL had been provided financial support to them in the recent past, which seem unlikely on the face of it
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • TBagpuss said:

    I think your husband would be fine to reply politely, thanking them for the letter and confirming that your husband and his sisters are executors. (Were they named as replacement executors in the will? Or has the bank renounced and they've applied to be appointed to administer the will?)  I think it is fine to delay a while before responding .
    Or indeed to just reply to thank him for getting in touch and to say that probate hasn't yet been granted 

    As others have said, it would be unlikely that they would be able to make a successful claim unless your FIL had been provided financial support to them in the recent past, which seem unlikely on the face of it
    Thank you. The bank renounced to husband and his sister, as the only beneficiaries.
    Part of me thinks we should respond quickly as it's only polite when written to, and I'm human enough to realise that there is a lot of emotions involved and it's a lot of stuff that we don't know has gone on, so it's not just a legal matter.
    But at the same time I'm exhausted with everything that has gone on over the past 12 months, so my husband and his sister must be even more so, so just want to sort it and for it all to go away for them. 
    We have contacted a solicitor to see what they advise and will see where that takes us....
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