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

MyRealNameToo

You can start the challenge process before, one step is to enter a caveat with the probate service which should prevent any application for probate to be paused. Initially it's for 6 months but can be extended for another 6 months.

If they challenge (give you a warning) then you have 14 days to respond.

The 6 months after probate/letter of administration is the back stop not the starting whistle.

Keep_pedalling

It is normal for the beneficial owner of the property in a IPDI trust to be responsible for the maintenance of a property that they are the sole beneficiary of. The problem here is the lack of resources to maintain it. It would also be normal for a will to give the trust the ability to sell the property to buy a more suitable property for the surviving spouse. So for instance if she is currently living in a large expensive to maintain and heat house it could be sold and a smaller more modern property purchased.

So what does the will say about the ability to downsize?

Mands

• Using the midpoints in your numbers the estate appears to be worth around 880k. You say the state pension plus widow's pension is sufficient for her needs. The issue appears to be the house maintenance. How much do you have in mind per annum for a 300k property?
  
• What is the value of the widow's pension annually?
  
• Contentious probate, which is the term you need when searching for legal help, is expensive. The usual starting point referenced is low five figures. Is there somewhere she can raise that sort of sum?

Emmia

When was the will written? Before or after the marriage?

Newly_retired

https://forums.moneysavingexpert.com/discussion/comment/81897820#Comment_81897820

If the terms of the will allow for selling the property to downsize, presumably to a smaller, cheaper house, the beneficiaries will receive some of their inheritance sooner than if they have to wait until their stepmother dies. The new property should be in better condition, needing little in the way of major repairs and lower maintenance costs. Could be a bargaining point?

RAS

We really need the exact wording of the clause setting up the IPDI trust to advise better.

saajan_12

Sorry for the loss, this is clearly very emotive as reflected in the OP. However I'd try to take a step back and look more objectively.

• If mother gets to live there for her lifetime, what difference does it make to her whether she owns it? After her death, it only affects whether it goes to her kids or his - why would it be more fair to go to hers, who are presumably also adults now?
• No funds for property costs and her financial wellbeing, except for the funds there are - her pension + par of his pension. If you're saying those amounts aren't enough, then try putting some numbers to it before concluding that.
• Why is it unfair for someone to maintain the property they live in? Most maintenance eg electrics, decor, boilers, etc is short term for her comfort and not capital improvements.

Emmia

https://forums.moneysavingexpert.com/discussion/6656694/elderly-mother-left-nothing-in-her-late-husband-039-s-will-estate-left-to-4-children-from-past-marriage

OP I presume that the will was written after the marriage, or in contemplation of marriage, but it would be helpful if you could confirm.

Wills made before (and not in contemplation of) marriage are invalidated by marriage - and the rules of intestacy would then apply, which would benefit your mother.

jsh99

https://forums.moneysavingexpert.com/discussion/comment/81897981#Comment_81897981

Not necessarily - my mothers IPDI means my half has to be invested for the other benificieries benefit. I can only have my half when they actually die - for me this could be another 20 years yet. Depends on the wording.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81898694#Comment_81898694

Which is why it would be helpful for the OP to supply us with the wording of the appropriate clauses in the will.