Contentious Probate help needed

Frenchtoast_biscoff

Good morning, complex case but I'll try and keep it short. My mum passed away in January no will, local council took over her finances due to my brother financially abusing her and coerced her into signing her pension out early. He stole tens of thousands of pounds and spent It on ridiculous things. All while living in my mums house while she was in a care home. She wasn't fully of sound mind then and I didn't know what had gone on until it was too late. Council said they'd never be able to reclaim the money he stole from her. She consequently had to sell her home to pay for full time care and the debts he managed to rack up. All of this is recorded with the council. Unfortunately he passed away a few years before my mum. I've now been told his children who none of us ever had a relationship with are entitled to half of my mums estate. Now we're not talking a huge amount to some but it's £36k all together in her estate. I didn't realize the council could've done a statutory will while both were still alive. My question is. Is it worth fighting to get my brothers share taken away? He had more than his share while my poor mum was still alive.

Keep_pedalling

Who is administering her estate?

born_again

You need proper legal advice. But you could end up spending more on legal fee's if brothers family contest it.

As well as is it fair to punish them, for the fathers actions?

Frenchtoast_biscoff

https://forums.moneysavingexpert.com/discussion/comment/81951821#Comment_81951821

I am. My brothers children didn't even know she'd passed as none of us ever had contact with them.

Frenchtoast_biscoff

https://forums.moneysavingexpert.com/discussion/comment/81951890#Comment_81951890

I wouldn't say I'm punishing them per say, but id like to think all grandchildren got the same amount instead of them getting half of her money when only blood related and no relationship. My brothers had more than enough money and he's taken from me and my children already with the 80k he had while he was alive. I'd just like it to be split equally between the grandchildren instead of explaining to mine why cousins they never knew are getting thousands more.

Flugelhorn

I don't think you'll find those grandchildren are getting more - it is just that their father's share of the estate is passed to them - pretty standard in most wills and certainly in intestacy

if you had predeceased your mother, then your children would have got your share

sheslookinhot

You're executing the will. You decide your brothers share. You may decide he has already "taken" his share.

Brie

https://forums.moneysavingexpert.com/discussion/comment/81952067#Comment_81952067

what do you base this on?

JGB1955

You could always divert your 50% share to your children by deed of variation, meaning all grandchildren would benefit at the same time.

elsien

The council can’t unilaterally do a statutory will. It would have had to go to the office of the public guardian and anyone affected financially by the changes would legally have to be informed. And the changes would be in her best interests.
So if one had been made, brother might have been cut out of the will, but his children might still have been in there to treat the grandchildren equally. It wasn’t their fault that their father stole money from her.

So not quite as straightforwards as maybe your post implies.

phlebas192

https://forums.moneysavingexpert.com/discussion/6662908/contentious-probate-help-needed

The council won't have gotten involved in her will. At most they would be seeking to claim the costs of her care whilst she was alive or to reclaim costs from her estate. They won't have any other financial involvement or claim beyond this and certainly have nothing to do with the distribution of any remaing assets.

If your mother died intestate (without a will) then her estate passes equally to you and your brother. Since he pre-deceased her then his children have a legal claim on his half.

There is nothing legal you can do about this. Morally, you could ask his children to forgo their claims by a deed of variation in your or your childrens's favour, but that would be entirely up to them. You have no legal claim on their share of her estate.