Daughter excluded from grandmothers will - please help!

Flugelhorn

it sounds like the property was sold previously - in which case they may well be acting before probate is granted 

KatieBW123

Flugelhorn said:

it sounds like the property was sold previously - in which case they may well be acting before probate is granted 

One property was sold prior to her passing away. Another has been sold in last few weeks although possibly not completed yet

KatieBW123

Marcon said:

KatieBW123 said:

Is there a timelag between probate being granted and the will being accessible? I now understand assets have been sold, exchanged etc within the last few weeks but a search provides zero results. 

Once probate has been granted, it's usually about 14 days before a will is available for download.

There's nothing to stop executors acting before probate is granted and very many do (save for things like the sale of a property, where probate is needed before such a sale can be completed), albeit at their own risk. If your daughter has been left some sort of inheritance, the executors will still have to make good on it.

Beware fretting about what you 'understand', given how much this charmer seems to enjoy winding you up...

Haha 😜 he actually does! Years of this and I am never not stunned by the levels he is prepared to sink to 

Marcon

KatieBW123 said:

Flugelhorn said:

it sounds like the property was sold previously - in which case they may well be acting before probate is granted 

One property was sold prior to her passing away. Another has been sold in last few weeks although possibly not completed yet

If the sale completed before her death, then probate is irrelevant.

If another has been sold after her death, this could have been done provisionally by means of a 'conditional' exchange of contracts (but can't have progressed to completion).

KatieBW123

Marcon said:

KatieBW123 said:

Flugelhorn said:

it sounds like the property was sold previously - in which case they may well be acting before probate is granted 

One property was sold prior to her passing away. Another has been sold in last few weeks although possibly not completed yet

If the sale completed before her death, then probate is irrelevant.

If another has been sold after her death, this could have been done provisionally by means of a 'conditional' exchange of contracts (but can't have progressed to completion).

Ok. Presumably property sold prior, the proceeds form part of her estate. She had extremely rare and valuable antiques and paintings but apparently these have all been divided up or taken and sold. 

TripleH

So with this newfound wealth split between him and his adult daughters, can he pay child support?

Maybe the CSA (or whatever they're now called) can collect / start collecting?

There will be evidence of funds due etc and few solicitors will risk their livelihood lying for anything short of a generous pension.

KatieBW123

TripleH said:

So with this newfound wealth split between him and his adult daughters, can he pay child support?

Maybe the CSA (or whatever they're now called) can collect / start collecting?

There will be evidence of funds due etc and few solicitors will risk their livelihood lying for anything short of a generous pension.

He has already manipulated our Order to depress his assets in order to diminish his maintenance liability. Ie was instructed to purchase a house mortgage free but took out a loan on another property. So yes potentially he will now have increased savings but is bound to have taken advice to minimise liability. He really is quite determined to not provide for his child. He sees anything that comes to her as being mine. 

Sea_Shell

KatieBW123 said:

TripleH said:

So with this newfound wealth split between him and his adult daughters, can he pay child support?

Maybe the CSA (or whatever they're now called) can collect / start collecting?

There will be evidence of funds due etc and few solicitors will risk their livelihood lying for anything short of a generous pension.

He has already manipulated our Order to depress his assets in order to diminish his maintenance liability. Ie was instructed to purchase a house mortgage free but took out a loan on another property. So yes potentially he will now have increased savings but is bound to have taken advice to minimise liability. He really is quite determined to not provide for his child. He sees anything that comes to her as being mine. 

In a sad and perverse way, that sentence makes the thread make  (more) sense.    As, basically, until your daughter is old enough to have a beneficiary other than you and her dad*, you would inherit 50% of anything if the unthinkable happened.   After 18, she can make a will leaving her estate to whomever she chooses...excluding her Dad!!

Even under normal circumstances, it sounds like he doesn't want you to have any control or influence over this inheritance at all, even from being a trustee (of any account in her name). 

If he has that mindset to be that callous, then I think any chance of getting a fair outcome for your daughter is really quite slim, sadly.   


* I assume that all minors are intestate, by default, and therefore both parents would be 50/50 beneficiaries.

Sarahspangles

It seems likely your daughter will be adult by the time her father dies, and a lot can change between then and now in their relationship.

If you and your ex are currently communicating about finances with your daughter as the go-between, then he's still able to jerk your chain and what she's learning isn't giving her a healthy view of relationships or money. It just perpetuates dysfunctional behaviour down the generations.

It may not be fair in moral or financial terms, but if you can 'nothing' him (to the extent that's possible while you still have to co-parent) and your daughter learns that 'money doesn't matter, people matter' you may be happier. I suspect that - ironically - it increases her chances of inheriting in the long run.

They say 'The best revenge is to live well' and it's worked for me.

Marcon

Sea_Shell said:

In a sad and perverse way, that sentence makes the thread make  (more) sense.    As, basically, until your daughter is old enough to have a beneficiary other than you and her dad*, you would inherit 50% of anything if the unthinkable happened.   After 18, she can make a will leaving her estate to whomever she chooses...excluding her Dad!!

Even under normal circumstances, it sounds like he doesn't want you to have any control or influence over this inheritance at all, even from being a trustee (of any account in her name). 

If he has that mindset to be that callous, then I think any chance of getting a fair outcome for your daughter is really quite slim, sadly.   


* I assume that all minors are intestate, by default, and therefore both parents would be 50/50 beneficiaries.

The normal rules of intestacy would apply, so in the absence of the minor having a spouse, civil partner or children of their own, parent(s) are next on the list to inherit.