Slightly odd inheritance question...AIBU?

[Jpr95]

Well it's not quite an AIBU because I don't think I'm entitled to anything here legally but just in case I thought it might be worth asking the question!

So, my parent was married, left their spouse, some years later met my other parent and had me. But never divorced their spouse.

Both my parents died a few years ago. I've been researching my family tree in lockdown and discovered that the spouse died last year apparently with no next of kin. From what I've been able to find out of where they lived, it seems they were quite wealthy.

I don't think I have any entitlement here do I? Rationally I feel not, but then again I can't help wondering about it. It could be a life-changing amount of money.

Do I need to just forget about it all and stop daydreaming about possible inheritances? Or is it worth me making some enquiries with the government legal dept (think that's what they're called, the body who deal with estates of those with no family). Talk some sense to me please!

[JacobReesMogadishu]

If anything when your parent died a few years ago their spouse could have had a claim on their estate.....not that it matters if you say they had nothing. But yes, a lesson in making wills. And for getting divorced not just separating.

[Jpr95]

@VanGoghsDog I do appreciate that I'm not a complete idiot! But in this situation if there was a will, this discussion would never have happened, the money would have gone wherever and I wouldn't have known anything about it.

When you make a will, whether you leave your worldly goods to a relative, your neighbour, or a charity of some kind, YOU get the choice. It doesn't get left to intestacy rules/ the govt.

If my married parent was still alive now, they potentially could have claimed it all. I'm sure that's not an outcome the deceased person would have wanted but that's the risk when you don't make a will.

[MiniCooperLover]

The question is OP, did your parent pass before or after this spouse? I think that may now make a difference

[VanGoghsDog]

@MiniCooperLover

The question is OP, did your parent pass before or after this spouse? I think that may now make a difference

Before, they said that.

[cabbageking]

Any family link will work backwards if it can not go forwards.
So back to the spouses siblings and their children.
If none, then back to the spouses parents and their siblings and their children.
Looking for blood links and adoption.
Hence a third cousin inherits because they have a blood link or are legally adopted. Hence money moves out of your father's line into the spouses line.

[KittCat]

All the negative comments on here aside...why not pursue it? Good luck op!

[Eryouwhat]

I’m imagining that my husband leaves me, doesn’t divorce me, but has a daughter with another woman.

My husband and I die. Then his child comes looking for MY money?

Absolutely unbelievable. Some people have no shame.

[Jpr95]

I think most people when a marriage breaks down do get divorced especially if one of them goes on to have another relationship. I'll probably never know why that didn't happen. Maybe the person who has now died didn't want to split their money with my parent on a divorce? But then surely you'd make a will?

As I've said I'm not expecting anything. I'd like to know some of the whys, but then again I wouldn't want to find out negative things about my parents. So perhaps not knowing any more than I do is for the best.

[KenDodd]

@MorrisZapp
What an interesting job.
If you ever do an AMA thread will you @ me from it so I can ask lots of questions

[HeronLanyon]

This is a knotty situation isn’t it op ! Move seen very tenuous connections inherit (will hunters - used to love that programme really fascinating)
I can see this going either way.
Absolutely no reason why you shouldn’t make your link known through bona vacantia.
There may be closer links who will inherit or none (you included!).

[SabrinaThwaite]

@Eryouwhat

I’m imagining that my husband leaves me, doesn’t divorce me, but has a daughter with another woman.

My husband and I die. Then his child comes looking for MY money?

Absolutely unbelievable. Some people have no shame.

In your scenario (a) why wouldn’t you file for divorce yourself? (b) why wouldn’t you have a will?

Families are complicated. Especially other people’s families.

[Cherrysoup]

If it's on the unclaimed estates register, I would investigate further and put your name forward

Yes, yes. I’ve seen Heir Hunters! No harm trying. However, Heir Hunters usually look (very hard) for blood relatives and do look outside the U.K.

[cabbageking]

You should have made a claim with in 6 months from probate being granted.

Try this for probate probatesearch.service.gov.uk/#wills

It will cost you £10 for a copy.

[Jpr95]

I think it is possible the spouse may not have had other family, thinking of the time at which they came to UK and the reasons that might have been. I know that any tracing company would not have been able to trace my parent or know they had died due to them changing their name - there is no record of death for my parent except under their new name, not the name on their birth or marriage certificate.

I'll submit what paperwork I can obtain and go from there.

[Jpr95]

They're not on the probate list as they died intestate ie without a will. That plus there being no apparent next of kin is why the govt department are now involved.

[Eryouwhat]

@SabrinaThwaite who says they didn’t file for divorce? Maybe they didn’t want op’s grabby parent to take all their money, considering they’d left them (maybe a trait they passed on to op...)

And as for not making a will - there are so many reasons I wouldn’t know where to start. Meaning to, as so many do, and becoming too ill to do so.

The behaviour discussed here is attributable only to vultures. Truly grim.

[cabbageking]

If she died last year it is likely to have been assessed by now
www.gov.uk/government/statistical-data-sets/unclaimed-estates-list

[IKEAwebsitecompletecon]

I am finding some of the posts on here almost childlike in their (mis)understanding of the law.

The law is a system of rules. That is quite separate from fairness or morality. Somebody could have a long and loving relationship but if they don't marry or make a will then when they die someone else entirely might inherit the estate. It could be their worst enemy or even someone they have never met or someone they don't even know exists. It doesn't matter if it's 'fair' or not. It's the law.

I don't understand why some people are questioning whether the OP can inherit from someone who never knew her. Lawyers don't spend their time making subjective judgments about how well you knew somebody. They just get the list of inheritance rules out.

[Jpr95]

@Eryouwhat they may have filed for divorce however no divorce was ever finalised. The separation was many decades ago. Likewise they would have had many years to make a will between then and the time of death. My parents didn't make wills primarily because they had nothing to leave. When you do have assets it really is important. It's been a good reminder to me to get on and make a will.

[Eryouwhat]

I didn’t question the importance of making wills. Everyone should have a will. If only to ensure assets don’t go to people you wouldn’t want to get their mitts on it in your wildest dreams.

However, the quickest of Internet searches will show that not making wills is much more common than it should be, and that there are lots of different reasons for that.

Just because you potentially ‘can’ do something, doesn’t mean you should. Imho.

[VivaMiltonKeynes]

Have I missed the point where the OP says which parent - Mother or Father she is talking about? Why so mysterious @Jpr95 ?

[sst1234]

@HerRoyalNotness

I’d rather the OP got it and it helped her life than it was swallowed up by the govt.

The same government that spends on public services? Oh yes it’d be a terrible shame if the public benefited from this money than another random person who never knew the deceased or did anything for them.

[sst1234]

What is with all the inheritance threads lately. Parents not dividing estates equally, people trying to claim strangers money.

[IKEAwebsitecompletecon]

I also think it's odd that OP deliberately avoids using a pronoun to describe the deceased.

I'm not a solicitor but I think it's the case that in law children are assumed to be fathered by their mother's husband. In that case the deceased could be considered to be the OPs father as there was never a divorce. On the other hand if the deceased is a woman then she is simply a step mother to OP. So, the sex of the deceased is really important in this situation.

Question is, why is the OP deliberately withholding this information which may make a big difference to the answer?

[VanGoghsDog]

I'm not a solicitor but I think it's the case that in law children are assumed to be fathered by their mother's husband.

Unless a different father is on the birth certificate. So if the actual father goes along with the mother to the registrar then they go on the birth certificate. The OP might let us know what their birth certificate says?