To want my dad to make a fucking will?

[Lalalax3]

Short history: DM died in 2010, DF (64) got with his partner within three months of her passing. DF owns his house, his partner sold her house and lives with him rent-free. They've been living together for nearly 4 years. My sister and I are very concerned that he has no plan in place in the event of his death.

We're pretty certain his property would automatically go to us, as he and partner are unmarried but surely if she's been living there all this time she may have some claim over it?

Sister has tried to ask dad (gently) to make a will but he just gets very quiet and withdrawn, it is v in line with his behaviour since DM's death to not want to rock the boat and to bury his head in the sand.

But is it time to ask a little less gently? If he wants to leave his partner something that's his choice and I'd respect it, but all I can see is an ugly mess having to be unpicked, with his partner's v interfering family all sticking their noses in.

Lalala

How much of intestacy rules do you think your DF understands?

If there is no financial contribution then she will be in difficulty but as another poster has said, she would still have a claim under the Inheritance (Provision for Dependents) Act. As Lady Hale (yay!) has said ex cathedra, there cannot be a search to achieve fairness in this area of law, as intensely as judges might like there to be.

I agree Bourdic.

You misinterpret my posts completely Huppo which is surprising for a lawyer. I am merely stating the negative impacts on children from a 1st marriage. No one is trying to strongarm anyone and I stand by my point that men who do this leave their children in the shit!

Quite honestly it's none of your business and he seems to have made it clear that he doesn't wish to discuss it. You should leave it alone. My DH is a similar age to your father and I would not expect his children to ask him if he has made a will. As it happens, he has, and his children are provided for, as Sam I. My will makes similar provisions. But it's none of their business at this point.

They are perfectly entitled to ask Christopher! Why ever not! I would welcome a discussion with my DC and I would never want to make them feel anxious about how I may or may not divide a will. I am quite honestly surprised that so many of you feel it is somehow grubby or grabby to ask. I want my DC to feel secure in the knowledge that I will do my upmost to give them all i can.

Actually Turtlecreek, you're right, they are entitled to ask and I wouldn't be offended by it. However, I'd probably assume they were asking because they wanted to know about their inheritance! Especially as I'm a second wife 😀.
(They are provided for - we're not all grabby!)

I would also like to add if I remarried I would take my DC with me to form a new will whereby they could clearly see what was going on.

Britt sorry but you're wrong about eldest inheriting it all

That's an absolute worry then. How do I stand when it comes to correcting a hugely massive error made by Solicitors?

Solicitors told my Dad his legal next of kin was his eldest child and estate would pass to them with unmarried Stepmom able to make a claim if he died without a Will?

It took over six months of nearly full-time work to clear it all up and dissolve all his assets.

That's quick!

My aunt died in May last year and left everything to me, including her house. She made a will in 2008 but it was missing one witness signature (she lived in NY - the law there says you need two witness signatures). She was therefore deemed to have died intestate.

We are now on the second lawyer, having wasted a year on the first one who didn't know what he was doing. I've paid over $7000 on legal fees and repairs to the house. I can't visit to sort through her things because the house isn't legally mine yet.

We'all be very lucky if it's all sorted by Christmas.

Britt if this was E or W ( don't know about S) it's utter bollicks if any other children existed

OP, is it possible that your Dad doesn't actually know in his own mind what would be fair to both his partner and his children? I wouldn't be surprised if it's a case of paralysis by analysis, and he's not intentionally trying to hurt you.

If he's not prepared to discuss his thoughts with you or your sister then perhaps you could encourage him to talk things through with a specialist solicitor: look for someone who's a member and STEP via www.step.org (disclaimer: I am a member but I'm not looking for business, not least because I am on maternity leave!)

Good luck.