Parents have no will- complicated estate, help!

Incorrect
It depends on who dies first

Sorry?
They both have biological children plus one shared one. Just because the dad isn't in contact with his children from the previous marriage, it doesn't mean legally they don't exist. And believe me, when it comes to money, they will all line up to get a piece.

I am not saying they 100% will get something, but they have a right to have a case for it and make op's life extremely stressful (hence the post).

If the father dies, everything will go to the wife. If the mother dies, everything will go to the husband. Unless there is a will - even then, it is not as straightforward as people might think.

The parent who will end up with the money, their biological children will have the right to claim it.
But if both parents pass away without a will, all biological children will have a right to claim inharitence. Regardless if they are on speaking terms or not.

The post clearly states that the siblings are the poster's siblings, not her mother's, and if her mother dies intestate they will be next of kin for inheritance purposes just as much as she is.

Try reading the whole thread. Your last sentence is not correct.

I compelity understand why you want him to write a will and sort this out.

However, the will doesn't mean anything if the circumstances change.

What is the plan for when they are older? Do they have savings? If they need care, would they qualify, or would they need to sell the house?
I would start discussing that first.

If anything happens to your dad, everything goes to your mum. So the will won't matter as your mum would need to have a new one.

If something happens with your mum and dad without a will, all children will have the right to claim inheritance.

There’s two sides to every story. No one says things like the grandson did for no absolutely no reason. No one goes no contact for no reason.

Not quite. It's the first £320k goes to surging spouse plus half of the remainder (as it's deemed to be half theirs anyway) and then the other half is split between dc

You will be next of kin though. Her siblings will have no right to come in to her house or do anything

If he's older than his wife and in worse health then I suspect that what he actually wants is to "accidentally" disinherit his unpleasant-sounding children without having to do anything as brutal and deliberate as writing a will excluding them.

I've got some sympathy tbh, but for the sake of his wife's elder children they really ought to get it sorted out just in case.

Assuming she was to go before him. The last thing either of them want is everything to land in his name and being spilt between his 3 children including 2 he never sees.

I think this what he wants.

Surely the Mum could make her own will allowing DH lifetime tenancy of her half the house but ownership passing to her DC.

Assuming she was to go before him. The last thing either of them want is everything to land in his name and being spilt between his 3 children including 2 he never sees.

It's not about if they have more than the £320k in assets, it's about if HE has more than that in his sole name.
Anything joint goes to your mum outside of the estate, including the house if joint tenants.
If he doesn't have anything above the threshold (check pensions?) his 3 children will get nothing upon his death (including you).

Then when your mum dies it will all be split between her children (2+you). Nothing to dad's children.

The vice versa is true if your mum dies first - that's the biggest risk here - then HER kids are disinherited and your Dads 3 children split what's left at the end.

Or a proper solicitor.

Your mum should make a will herself. If Dad doesn't want to that's on him.

Try "selling" making a will to them on the basis it is for their own protection.

It is unlikely (barring a car accident, plane crash or joint suicide pact) that they will die at the same time. The survivor is the one that will in the first instance have to deal with the mess of no will. There are tax advantages that can be obtained if money /house etc is left to a spouse vs others.

They each need to make a will to protect the survivor of the two - that's how I'd focus to persuade them to do it.

& don't bank on the most likely outcome being the actual outcome. I've seen this too often I'm afraid - it's expected X will die before Y because Y is younger/female/healthier. Life has a way of throwing violent curve balls.

It all depends who dies first. They are unlikely to die simultaneously.

Assuming in England and that there are at least 28 days between their deaths:

For whichever of them dies first (statistically likely to be him rather than her)
Spouse gets 100% if the whole estate is worth under £322,000. If worth over £322,000 the spouse gets the first £322,000, all personal possessions and 50% of the remainder, and the other 50% of the remainder gets divided between the biological offspring of the deceased (plus any adopted if any were) equally with no preference as to whether they were from first or second marriage.

Then when the 2nd of them dies the whole estate is divided between the offspring of the 2nd to die with zero due to the children of the previously-deceased spouse.

If they own their home as Joint Tenants (rather than Tenants in Common) then the value of that home doesn't count as part of the £322,000 for the 1st death, the whole property just becomes the sole property of the survivor without being part of the estate)

Are there any dependents on your parents? If not, likely outcome / split depends on who dies first. Surviving spouse would get the money / assets, no obligation to give anything to non biological adult children. Without a will, two kids from one or other side will always get left out

If no will, if your dad dies your mum gets everything. Then when she does it gets split equally between her biological kids.
If your mum dies, your dad gets everything and when he does it gets splits between his biological kids
If they die together then it gets split between all their combined biological kids.
Men usually die first so you have a good chance of missing out your dad's kids.
But yes they are idiots not making a will and it's very frustrating for you

This is inaccurate.

If no will, if your dad dies your mum gets everything. Then when she does it gets split equally between her biological kids.

Not true.

There is so much dodgy advice here. Honestly OP google will help you a lot more.

On the other side, her mum is likely to find herself in a position where she has to give them (the children in general) something to be able to stay in the house, in her house.

I fully agree with the OP re having a will.
But it’s just as much about protecting her mum or dad after the death of one if the parents than it is about ‘being fair’.

Tbh the fa pct her father doesn’t want to deal with it says a lot about. He probably feels he ‘ought to’ leave his dcs something but at the same time knows it will create ressentment and arguments.
I think he is missing the point re protecting his dwife in the process.