Chance of inheritance?

1404

My sibling and I are in our 40s. We are the product of our father's first marriage. Our father is in his 70s and is now sadly not going to recover from a brain condition which has left him in capacitated and in need of care. 

My father remarried more than 20 years ago and started a new family. Those two children are now young adults. 

Last year, at the time my father was taken ill, he was going through the process of a divorce from the second wife and had moved out of the house. What stage the divorce got to I am not sure (my understanding is that this is important information).

I've spent the last 20 years believing I'll never get inheritance as my father was remarried - and with two kids. I've never had an issue with that. But as he was in the process of getting divorced, does that mean I (and my full sibling) are now in line for inheritance?

The estate essentially consists of three houses, as far as I'm aware. It could be that his half of the estate is used to fund care. Or it could be that care is provided by his young adult child without the sale of a house. We are not sure yet. 

I am seeking legal advice but wondered in the meantime if anyone here has some knowledge of this area.

Devongardener

Surely you will only inherit if your father leaves a will leaving something to you.  If he didn’t leave a will it will probably hinge on whether or not he is legally still married at the time of his death.  

p00hsticks

As the above poster says ,if he has left a will then whoever he has named as beneficiaries will inherit.
 
If there is no will ,then the laws of intestacy will apply, and whether or not you as a biological child will inherit anything will depend on the country involved, your father's marital status at the time of his death and and the value of his estate

1404

Devongardener said:

Surely you will only inherit if your father leaves a will leaving something to you.  If he didn’t leave a will it will probably hinge on whether or not he is legally still married at the time of his death.  

He'll have a will in place. But I highly doubt I'm on it (he told me, in a civil way, 20 years ago I wouldn't be). As for "legally married", he probably still is, I'd guess. But he was separated and getting divorced when he fell ill. Not sure how the law would see that. 

1404

p00hsticks said:

As the above poster says ,if he has left a will then whoever he has named as beneficiaries will inherit.
 
If there is no will ,then the laws of intestacy will apply, and whether or not you as a biological child will inherit anything will depend on the country involved, your father's marital status at the time of his death and and the value of his estate

As he was separated and getting divorced I would assume that he would change his will. And to change it and only include his two youngest (now adult) children yet continue to leave off his older children would seem inappropriate but very possible. 

Or perhaps he didn't get around to amending his will after the separation. I don't know.  

What I do know is that there is concern among the youngest siblings about the inheritance. That surprised me as I didn't think they had anything to worry about.

Emmia

1404 said:

p00hsticks said:

As the above poster says ,if he has left a will then whoever he has named as beneficiaries will inherit.
 
If there is no will ,then the laws of intestacy will apply, and whether or not you as a biological child will inherit anything will depend on the country involved, your father's marital status at the time of his death and and the value of his estate

As he was separated and getting divorced I would assume that he would change his will. And to change it and only include his two youngest (now adult) children yet continue to leave off his older children would seem inappropriate but very possible. 

Or perhaps he didn't get around to amending his will after the separation. I don't know.  

What I do know is that there is concern among the youngest siblings about the inheritance. That surprised me as I didn't think they had anything to worry about.

Any will may not make any provision for his children, whether from his first wife or second. It might leave the whole lot to his soon to be ex wife, to charity, or someone else entirely.

Do you live in England/ Wales?

Edit:  Does your father have the mental capacity to make a new will, given his brain condition?

bobster2

1404 said:

I am seeking legal advice but wondered in the meantime if anyone here has some knowledge of this area.

Legal advice on what? At this stage you cannot be 100% sure he has a will - and if he does, what it says.

1404

Emmia said:

1404 said:

p00hsticks said:

As the above poster says ,if he has left a will then whoever he has named as beneficiaries will inherit.
 
If there is no will ,then the laws of intestacy will apply, and whether or not you as a biological child will inherit anything will depend on the country involved, your father's marital status at the time of his death and and the value of his estate

As he was separated and getting divorced I would assume that he would change his will. And to change it and only include his two youngest (now adult) children yet continue to leave off his older children would seem inappropriate but very possible. 

Or perhaps he didn't get around to amending his will after the separation. I don't know.  

What I do know is that there is concern among the youngest siblings about the inheritance. That surprised me as I didn't think they had anything to worry about.

Any will may not make any provision for his children, whether from his first wife or second. It might leave the whole lot to his soon to be ex wife, to charity, or someone else entirely.

Do you live in England/ Wales?

Edit:  Does your father have the mental capacity to make a new will, given his brain condition?

England/Wales yes. No there is no capacity to make a new will. 

Emmia

1404 said:

Emmia said:

1404 said:

p00hsticks said:

As the above poster says ,if he has left a will then whoever he has named as beneficiaries will inherit.
 
If there is no will ,then the laws of intestacy will apply, and whether or not you as a biological child will inherit anything will depend on the country involved, your father's marital status at the time of his death and and the value of his estate

As he was separated and getting divorced I would assume that he would change his will. And to change it and only include his two youngest (now adult) children yet continue to leave off his older children would seem inappropriate but very possible. 

Or perhaps he didn't get around to amending his will after the separation. I don't know.  

What I do know is that there is concern among the youngest siblings about the inheritance. That surprised me as I didn't think they had anything to worry about.

Any will may not make any provision for his children, whether from his first wife or second. It might leave the whole lot to his soon to be ex wife, to charity, or someone else entirely.

Do you live in England/ Wales?

Edit:  Does your father have the mental capacity to make a new will, given his brain condition?

England/Wales yes. No there is no capacity to make a new will. 

My understanding is that once the divorce is finalised, whilst a current will remains valid, it won't leave anything to the ex (they are treated as though they have predeceased your father) so the rules of intestacy will apply for their share (if any) when your father passes.

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

But this is all speculative, your step mother might find it is in her interests to slow the divorce... And you don't know what the will actually says (and your father is still alive)

RAS

If you father's divorce got to the nisi stage, then one or other party can apply for it to be made absolute after 6 weeks. However that usually depends on a financial settlement being reached. If your father has lost capacity, does anyone have POA? Not sure that person could agree a financial settlement or make the divorce absolute?

And it may well be in his second wife's interest to delay further action?

If he dies before the absolute is granted, the marriage is sustained. At least based on a case I knew, widow became sole beneficiary.

1404

Doesn't sound like I have any likely share of the inheritance at all. Unless, and it's unlikely, my dad changed his will since he moved out and started divorce proceedings and included me on it. 

Yet I hear the "other side" are concerned about it. I don't think they need to be concerned at all. Seems I don't have a leg to stand on.