Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Aaaargh!!
    • By Aaaargh!! 8th Mar 18, 4:28 PM
    • 1Posts
    • 0Thanks
    Aaaargh!!
    Intestacy advice please
    • #1
    • 8th Mar 18, 4:28 PM
    Intestacy advice please 8th Mar 18 at 4:28 PM
    Hello

    My father has just died and we can't find the will. We are engaging in various searches to find it, but just in case we can't find it I'd appreciate some advice.
    My dad bought his house outright in about 1960, and has lived in it continuously since 1950-odd. Around 1980 he got re-married after the death of his first wife (my mother), at this time I was 7 and my brother was 11. My (Step)mums name is also on the deeds.
    It has commonly been understood by the members of the family still in contact with (step)mum and dad that my brother and I would inherit the house. Mum has moved into care due to dementia and dad should really have moved into assisted living of some kind due to his health, but he absolutely refused to leave the house under any circumstances as it was his overriding goal he'd never sell it, and that we'd inherit the house. Also: No-one has actual power of attorney for (step)mum, we have been muddling through up until now, and a family member is currently going trough the appropriate procedures to get attorney/deputy powers.

    Intestacy rules mean that everything will go to (step)mum - the estate is < 250k

    Once the estate passes to my (step)mum, and based on total lack of any wills located in the house etc, the remains of the estate will pass to her children once she dies, so my brother and I will see nothing of my dad's estate. Two of my (step)mum's children have either been estranged for decades or have been estranged since (step)mums dementia meant actually having to help out the family.

    I don't want to deprive my (step)mum of assets. She'll have to pay for continuing care out of her (my dad's) estate, and I'm ok with that. It's not about trying to grab "what's ours", its about what dad wanted, and so all I really want is for my brother and I to get a fair share of the remains of the dad's estate at the end.

    My question are:
    * If mum has dementia, I'm assuming a negotiating a deed of variation or mediation is going to get nowhere...

    * Do I just wait and try mediation (or lawyer up) when (step)mum becomes intestate?

    * Do I get lawyers involved now? Would I have any chances under the inheritance act? (and would it be worth it on a cost/benefit rational, esp considering size of estate and mum's continuing care costs).

    Thanks
Page 1
    • Yorkshireman99
    • By Yorkshireman99 8th Mar 18, 4:56 PM
    • 4,111 Posts
    • 3,367 Thanks
    Yorkshireman99
    • #2
    • 8th Mar 18, 4:56 PM
    • #2
    • 8th Mar 18, 4:56 PM
    Hello

    My father has just died and we can't find the will. We are engaging in various searches to find it, but just in case we can't find it I'd appreciate some advice.
    My dad bought his house outright in about 1960, and has lived in it continuously since 1950-odd. Around 1980 he got re-married after the death of his first wife (my mother), at this time I was 7 and my brother was 11. My (Step)mums name is also on the deeds.
    It has commonly been understood by the members of the family still in contact with (step)mum and dad that my brother and I would inherit the house. Mum has moved into care due to dementia and dad should really have moved into assisted living of some kind due to his health, but he absolutely refused to leave the house under any circumstances as it was his overriding goal he'd never sell it, and that we'd inherit the house. Also: No-one has actual power of attorney for (step)mum, we have been muddling through up until now, and a family member is currently going trough the appropriate procedures to get attorney/deputy powers.

    Intestacy rules mean that everything will go to (step)mum - the estate is < 250k

    Once the estate passes to my (step)mum, and based on total lack of any wills located in the house etc, the remains of the estate will pass to her children once she dies, so my brother and I will see nothing of my dad's estate. Two of my (step)mum's children have either been estranged for decades or have been estranged since (step)mums dementia meant actually having to help out the family.

    I don't want to deprive my (step)mum of assets. She'll have to pay for continuing care out of her (my dad's) estate, and I'm ok with that. It's not about trying to grab "what's ours", its about what dad wanted, and so all I really want is for my brother and I to get a fair share of the remains of the dad's estate at the end.

    My question are:
    * If mum has dementia, I'm assuming a negotiating a deed of variation or mediation is going to get nowhere...

    * Do I just wait and try mediation (or lawyer up) when (step)mum becomes intestate?

    * Do I get lawyers involved now? Would I have any chances under the inheritance act? (and would it be worth it on a cost/benefit rational, esp considering size of estate and mum's continuing care costs).

    Thanks
    Originally posted by Aaaargh!!
    From what you say unless a will can be found the intestacy rules apply. There is no room for mediation unless the lawful successors what tgive younsomething. You have negligible chance of claiming anything unless you can prove financial dependency. A DOV will not be possible in the circumstances. I assume someone is applying to the COP to be appointed deputy. Under intestacy the rules provide a fair share but are out of dates far as values are concerned.
    Last edited by Yorkshireman99; 08-03-2018 at 5:06 PM.
    • nom de plume
    • By nom de plume 9th Mar 18, 8:12 AM
    • 685 Posts
    • 644 Thanks
    nom de plume
    • #3
    • 9th Mar 18, 8:12 AM
    • #3
    • 9th Mar 18, 8:12 AM
    My (Step)mums name is also on the deeds.
    Originally posted by Aaaargh!!
    Depending on how the property was registered (joint tenants or tenants in common) if you do find a Will made by your father it would possibly be immaterial as the house could have passed to your step mum regardless of what the Will says.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,350Posts Today

5,669Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin