Probate and half siblings?

Debt_free_wanna_be · 20 August 2019 at 10:39AM

Hello everyone
I have been a forum voyeur for many years, always using Martins money, the emails and the forum for advice particularly when I've been in sticky financial situations. I would welcome some more advice, and this is my first port of call because in the past its always been such an informative and informal area.
I am in a situation with Probate, I’ve looked at the form and forums with advice and even thought of getting a probate specialist on the case. I thought my case was straightforward but since looking into it I’m thinking now is it more complex than I first believed? I've put it off for 11 months now, partly because of fear, partly grief and a lot of denial.
My Dad died in 2016, my mum last year 2018. They weren’t married yet had mirror wills and I understand my mum thought that dad dying first left the house automatically to my mum; that’s my first question is her/our assumption correct she then owned the whole house by the time she passed?
Now before their union (they were together 45+ years in total) they both had their own children from their previous marriages. My dad had 3 my mum 2. These are my half brothers and sister. My Parents never married just lived in sin for all those years.
Since my younger brother and I were the only 2 full children from their union, my parents will(s) just named us two as the executors/beneficiaries of the will(s) which only leaves the family home, that same house they owned together to us – nothing to the half brothers and sisters.
Do my other brothers and sister have a right to claim on the house/will; they were left out of the will as they were grown up with their own houses etc, and they weren’t products of this partnership. And they had their shares you could say over the years with contributions to their marriages, deposits for homes, roof over their heads again when marriages dissolved…..etc.
I’ve looked at the probate form and it says to list other blood relatives; so, I wonder does that then invite them on in to claim on the estate? Even if the will only names my full brother and I on the wills? We thought (as did my folks) this would be a straightforward 50/50 split more or less, but now I’m thinking could be more ways.
If there is another forum that I should perhaps look at for advice or do you suggest I phone the probate helpline, I thank you in advance for any advice.
Kind regards

nom_de_plume · 20 August 2019 at 11:00AM

They weren’t married yet had mirror wills and I understand my mum thought that dad dying first left the house automatically to my mum; that’s my first question is her/our assumption correct she then owned the whole house by the time she passed?

The answer to that really depends upon the wording of your father's Will and indeed on how the house was owned between them in the first place. If it was as joint tenants it would have automatically (paperwork aside) passed in full to your mum regardless of what the Will said.

Do my other brothers and sister have a right to claim on the house/will;

Very unlikely unless they were still dependant on their respective parent.

Is the value of the estate likely to exceed £425,000 as there may be inheritance tax issues?

getmore4less · 20 August 2019 at 11:12AM

what was done when dad died?

what is the current value of the assets

As they were not married there is no transferable nil rate band and the 2 year DOV time frame to fix that if needed has gone.

were the previous marriages terminated by divorce?

nom_de_plume · 20 August 2019 at 11:16AM

getmore4less wrote: »

were the previous marriages terminated by divorce?

I'm guessing you're thinking what I'm thinking regarding possible additional IHT allowance(s). I was waiting on a value of the estate before adding that to the mix.

Linton · 20 August 2019 at 11:28AM

Debt_free_wanna_be wrote: »

........
I am in a situation with Probate, I’ve looked at the form and forums with advice and even thought of getting a probate specialist on the case. I thought my case was straightforward but since looking into it I’m thinking now is it more complex than I first believed? I've put it off for 11 months now, partly because of fear, partly grief and a lot of denial.
My Dad died in 2016, my mum last year 2018. They weren’t married yet had mirror wills and I understand my mum thought that dad dying first left the house automatically to my mum; that’s my first question is her/our assumption correct she then owned the whole house by the time she passed?

You have not told us how the house was owned prior to Dads death nor what Dad's will said....

If Mum and Dad owned the house "jointly" it became fully Mum's property when Dad died. Dads will would be irrelevent. If they held the house as "tenants in common" then Dads will would apply for his half. Mum would not automatically get Dads share.

Now before their union (they were together 45+ years in total) they both had their own children from their previous marriages. My dad had 3 my mum 2. These are my half brothers and sister. My Parents never married just lived in sin for all those years.
Since my younger brother and I were the only 2 full children from their union, my parents will(s) just named us two as the executors/beneficiaries of the will(s) which only leaves the family home, that same house they owned together to us – nothing to the half brothers and sisters.
Do my other brothers and sister have a right to claim on the house/will; they were left out of the will as they were grown up with their own houses etc, and they weren’t products of this partnership. And they had their shares you could say over the years with contributions to their marriages, deposits for homes, roof over their heads again when marriages dissolved…..etc.

In England/Wales whatever the will says applies. However dependents can make a claim if they are left out, but this does not seem to be relevent in your case. In Scotland you cannot disinherit your children.

I’ve looked at the probate form and it says to list other blood relatives; so, I wonder does that then invite them on in to claim on the estate? Even if the will only names my full brother and I on the wills? We thought (as did my folks) this would be a straightforward 50/50 split more or less, but now I’m thinking could be more ways.
If there is another forum that I should perhaps look at for advice or do you suggest I phone the probate helpline, I thank you in advance for any advice.

Anyone can challenge a will but they are not likely to get very far unless they were dependents or could prove that the will was made under pressure or was invalid in some way. The blood relative question does not invite them to make a claim against the will. I dont know but guess the question is there as the information could be relevent in some circumstances - eg if the will was invalid or there was no will.

Debt_free_wanna_be · 20 August 2019 at 4:08PM

The house is probably worth 350K, as it's in need of new everything...…….

Debt_free_wanna_be · 20 August 2019 at 4:12PM

what was done when dad died?
Literally nothing with the house or deeds, just closed all his accounts and transferred banks/bills etc to my Mum, and we assumed that the house was all hers. I know in the case of one passing before the other they had it written in their wills that the other would inherit their share of the house, and then when the surviving parent passed on would be left to my Brother and I.

were the previous marriages terminated by divorce?[/QUOTE]
Yes both prior marriages resulted in divorce - my parents never married though, which was quite unusual way back then esp. as they had children!

Debt_free_wanna_be · 20 August 2019 at 4:15PM

Thank you for all your responses, it's been very helpful. I knew this was the place to get some help and advice x

getmore4less · 20 August 2019 at 4:35PM

Someone needs to do the IHT assessment for dad's estate there is no spouse exemption.

Then another one for mum.

Is the house registered?

Probate and half siblings?

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