Elderly mother left nothing in her late husband's will, estate left to 4 children from past marriage

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81897460#Comment_81897460

I'm not so sure. Mother is described as "elderly, in her 70's" and we are also told that she was "married for over 25 years and prior to that she lived as her common law spouse with him for approximately 7 years"

So, that would have made Mother 47 or younger when she entered this relationship following the ending of her time with the OP's Father (either after Separation / Divorce or Widowed). So, this is not a naïve young thing entering a joint life and handing everything over in the early flushes of youthful love and hope.

The husband taking care of the finances seems to belong to a far-distant bygone age. In the cold light of a 2026 day, that type of arrangement would be coercive control

Flugelhorn

https://forums.moneysavingexpert.com/discussion/comment/81897557#Comment_81897557

I absolutely agree! Mother always told me to make sure I had my own savings - she obviously did (I found out that she had far more than I expected … in fact at one point my parents borrowed money off me when they moved house, when in fact she actually had the cash, my father didn't know!)

I just think some women do spend all the money on the housekeeping assuming that the savings are theirs

rolando_ratas

She hadn't seen the will before and she had never discussed it with her late husband. She worked but she has no savings and was very much dependent on her husband.

The pension she inherited from him is enough to live on day to day but certainly not enough for external building maintenance, she is expected to even pay for building insurance for a building which she doesn't own. Also for contingency i.e. the radiators are leaking and the gas boiler keeps shutting down and has to be refilled every week or so as it's old - she cannot afford to pay for new radiators and/or a gas boiler.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81897593#Comment_81897593

So, did she take any money into the relationship at the outset in her 40's?

rolando_ratas

https://forums.moneysavingexpert.com/discussion/comment/81897540#Comment_81897540

No she had not seen the will before and he kept his finances secret from her as he did the will. She was not named on the deeds of the property; the home was fully owned by him with the mortgage paid off. The short period of time to contest it, is it 6 months AFTER probate has been granted ? right ? The solicitors acting on behalf of the deceased husband as executors of the will are already gathering documents, bank statements and have contacted the banks to gain access to his bank accounts and are in the process of valuating his assets; this is at a stage we are at where probate has NOT been granted right ? or am I wrong ? HOW can I check to see IF and WHEN PROBATE HAS BEEN 'GRANTED' so we then have 6 months to contest the will ?!??!

Flugelhorn

https://forums.moneysavingexpert.com/discussion/comment/81897611#Comment_81897611

You can search here https://www.gov.uk/search-will-probate and keep searching every few days

MyRealNameToo

Its published online at https://probatesearch.service.gov.uk

Grumpy_chap

I don't know the rules for contesting a Will but, taking a lay-person and uninformed consideration, as soon as Probate is granted, the Executors can distribute the assets to the Beneficiaries and will normally do so in short order. Once the assets of the Estate have been distributed, recovery of the assets is far more difficult, assuming the challenge to the Will was successful. I would have thought it must be far easier to contest a Will before Probate.

Just my thoughts.

mta999

It is in the children's interest to.keep the property maintained and she should not spend a penny more than absolutely necessary on the house. It is not her house and not her problem.

She should spend her income on herself

rolando_ratas

https://forums.moneysavingexpert.com/discussion/comment/81897625#Comment_81897625

Exactly what I was thinking, my mother seems to think that you can only contest the will AFTER probate according to English law and then you have 6 months to do so. Recovering the assets will be impossible as all the (English kids) live abroad and as stated one sole their own mother's apartment shortly after her death and the others are fighting to get that money for it in the courts right now.