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Rights following parent death

Hello. I am hoping someone can help me make better understanding of my rights following my fathers death.
My father died a couple of months back leaving us four children, and his partner of 20+ years.
My father had been with his partner for 20+ years, they did not marry, however she legally took on his name. They have no children together, however her children and grandchildren did call him father/grandfather.

My father had four children, his first born is no longer with us and I am the youngest of his three remaining children.

Our relationship with our father has been a on/off relationship ever since he started his relationship with his partner, and nether of us have had much to do with our father over the years despite living in the same town. The reason for this is simply because his partner never really wanted us around and made having much of a relationship with him very hard. We kept in touch and would always be the first ones contacted should his poor health land him in hospital over the last few years, on his orders we were always contacted.

My father died having had a heart attack which then led to him being in a coma. His children were told of his ill health only on his death, despite him being in the hospital for a week up until he died. News of his poor health, the fact that he was dying was kept from us and was a decision made by his girlfriend.
News of my fathers resting place, chapel of rest and funeral arrangements was also kept from us, and a message was sent via a relative of her’s that we (dad’s 3 remaining children) where not to attend as there would be no welcome for us.

Our father always told us that we would come into inheritance after his death, it was something that he repeated many times over the years.

The issue I have is “I have no guarantee wether there is a Will or not”, and I have been unsuccessful in finding out. I did go a speak to a solicitor who said that “if there is a Will then she will be in charge of that will and we have no option but to wait and see wether a Will goes in for probate”. The solicitor did send a letter on my behalf and asking for a copy, but like I expected ‘I’ve heard nothing from her’.
I understand that all I can do now is to wait to see if a Will is put forward for probate.

What I’m struggling to understand is “what happens if there is no Will?”, as we are unlikely to be told of this, and at present his partner is busy selling all of our fathers possession’s and is taking her entire family abroad, basically living the life and we have no way of knowing how her new lifestyle is being funded. His possessions and now his car have been sold, but has she actually got the legal right to do this as they were not married and his three remaining children are his only living blood relatives? I’m failing to understand what right I have, if any, and what should I be doing about this. I,’we’, are in limbo and have been kept at arms length and have been left being told nothing. Can someone please explain to me what rights she has?, as his girlfriend of 20+ years, and if infact there is no Will, then how are we to know wether we have a legal right to what he did have, should there be anything left to be had?

Thank you
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Comments

  • Keep_pedalling
    Keep_pedalling Posts: 21,491 Forumite
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    If you father did not make a will he would have been very foolish and his partner would get absolutely nothing from his estate, with the exception of jointly owned assets.

    Anything he owned outright should be distributed under intestacy rules, so would go to his children.
  • brewthebear
    brewthebear Posts: 292 Forumite
    Part of the Furniture 100 Posts Photogenic
    Your father had a partner better known as a common law wife for 20 years thats hardly a girlfriend.His possessions would surely be theirs after 20+ yrs ?
    Blood relatives does not give you any more rights than the common law wife unless of course if there is a will naming you and your brothers/sisters. The fact you did not get on is irrelevant Why should you need to know how she is being funded ! If your Dad was not happy why did he live with her for 20+ yrs. I am not sure why you think you are entitled to anything because they were not married.
    I find it hard to believe that if you were in touch regularly with your father you would have been aware of his ill health. There seems to be a lot of if and buts in your question.
  • Sea_Shell
    Sea_Shell Posts: 10,076 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    If you father did not make a will he would have been very foolish and his partner would get absolutely nothing from his estate, with the exception of jointly owned assets.

    Anything he owned outright should be distributed under intestacy rules, so would go to his children.

    But how does the OP prove this either way and then enforce intestacy, if no will is forthcoming?
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)
  • Sea_Shell
    Sea_Shell Posts: 10,076 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    Your father had a partner better known as a common law wife for 20 years thats hardly a girlfriend.His possessions would surely be theirs after 20+ yrs ?
    Blood relatives does not give you any more rights than the common law wife unless of course if there is a will naming you and your brothers/sisters. The fact you did not get on is irrelevant Why should you need to know how she is being funded ! If your Dad was not happy why did he live with her for 20+ yrs. I am not sure why you think you are entitled to anything because they were not married.
    I find it hard to believe that if you were in touch regularly with your father you would have been aware of his ill health. There seems to be a lot of if and buts in your question.

    Sorry, but this is wrong!! If there is a will, then what's in it is what matters. If there is no will, then the strict rules of intestacy apply which DOES NOT include partners, only spouses. If no spouse, direct descendants (blood) count.
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)
  • Sea_Shell
    Sea_Shell Posts: 10,076 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    Did he/they own a house? Was this owned jointly and if so on what basis? Joint Tenants or Tenants in Common? It makes a huge difference in these circumstances.
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)
  • Silvertabby
    Silvertabby Posts: 10,324 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    Your father had a partner better known as a common law wife for 20 years thats hardly a girlfriend.His possessions would surely be theirs after 20+ yrs ?
    Blood relatives does not give you any more rights than the common law wife unless of course if there is a will naming you and your brothers/sisters. The fact you did not get on is irrelevant Why should you need to know how she is being funded ! If your Dad was not happy why did he live with her for 20+ yrs. I am not sure why you think you are entitled to anything because they were not married.
    I find it hard to believe that if you were in touch regularly with your father you would have been aware of his ill health. There seems to be a lot of if and buts in your question.

    Sorry, but you are so wrong ! The term common law wife/husband means exactly naff all in law !

    If he died intestate, the the girlfriend gets nothing - it all goes to his children.
  • Gers
    Gers Posts: 13,328 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Your father had a partner better known as a common law wife for 20 years thats hardly a girlfriend.His possessions would surely be theirs after 20+ yrs ?
    Blood relatives does not give you any more rights than the common law wife unless of course if there is a will naming you and your brothers/sisters. T


    Wrong! There is no such legal concept as 'common law wife'.

    https://www.teeslaw.com/article/legal-rights-unmarried-couples-living-together

    Blood relatives trump unwed partners every time.

    Please be more careful when offering your opinion.
  • comeandgo
    comeandgo Posts: 5,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If you are in Scotland then children do have a legal right to share one third of a parent's movable estate.
  • Savvy_Sue
    Savvy_Sue Posts: 47,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If there's no will, then you apply for Letters of Administration, and as adult children you have the right to do this whereas the partner does not. This is a very basic summary.
    Signature removed for peace of mind
  • kangoora
    kangoora Posts: 1,193 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Your father had a partner better known as a common law wife for 20 years thats hardly a girlfriend.His possessions would surely be theirs after 20+ yrs ?
    Blood relatives does not give you any more rights than the common law wife unless of course if there is a will naming you and your brothers/sisters. The fact you did not get on is irrelevant Why should you need to know how she is being funded ! If your Dad was not happy why did he live with her for 20+ yrs. I am not sure why you think you are entitled to anything because they were not married.
    I find it hard to believe that if you were in touch regularly with your father you would have been aware of his ill health. There seems to be a lot of if and buts in your question.
    It's quite astonishing that some purporting to give advice could be so monumentally wrong in every aspect of their post.

    Maybe next time you could spend, I dunno, 3 minutes on Google so you could have some basic understanding of what you are talking about?
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