Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Dad gave my mum's house away

181 replies

user1493035447 · 09/11/2021 11:37

Bit of a complicated situation but I wanted views on this. My parents bought their house together, and when my mum died she had a secret life insurance policy my dad never knew about that paid off the mortgage in full.

My dad later got married to what can only be described as a psychopath. He told everyone he had a will in place to ensure my siblings and I (who were still children) would get the family home if anything happened to him.

The marriage didn't last and he again remarried a foreign bride. At the time I was a student and I told my dad of my concerns - if anything were to happen to him it would have impacted the feasibility of my studies but he assured me that my siblings and I would be taken care of. The subject didn't crop up again until late last year when he was terminally ill. In the intervening years he kept telling all his family and friends how wealthy his wife was, and this is something I believed as I was aware she has at least 2 houses of her own.

Last year however my dad announced that he had no will and everything would go to his wife. My siblings and I were shocked. Firstly he had lied when we were younger and if something had happened to him it would have left the family home to his psychopathic wife, and she would just have abandoned us. It would have made life very difficult for us.

Secondly he lied to my granny who questioned him about a will, and if she had know this I am not so certain she would have left him half her estate.

We are now in a position where the wife is getting everything, the house my mum helped pay for and my granny's estate. I don't want to sound entitled as I don't need the money, and would be just as happy seeing it go to a charity that helped my parents. My sister however is struggling to pay for childcare and she is very resentful of my dad now. I do however resent every time I was out with my dad and I insisted on paying for meals and drinks, that I was basically writing a cheque to the wife. I didn't realise how much he had in his bank account until before he died and I would absolutely not have paid for as much as I did if I had know this situation. Over the years I also helped him by paying for half of any repairs he had on the house and I feel as though he isn't the person I thought I knew.

To complicate matters further he told me he wanted his ashes buried with my mum's. However this is something the wife has developed amnesia over and she is in possession of both sets of ashes.

Had anyone else been through a situation like this or have any views on it? I feel it's something I can't get out my head and can't believe my dad left such a mess - as children we seemed to understand the importance of a will. I do understand she was his wife but the marriage seemed so toxic and we were definitely lied to about her financial situation - not that is was something we ever asked!!

OP posts:
L0bstersLass · 09/11/2021 12:15

In England and Wales, if someone dies without a will their estate is split as follows:

The husband, wife or civil partner keeps all the assets (including property), up to £270,000, and all the personal possessions, whatever their value.

The remainder of the estate will be shared as follows:
the husband, wife or civil partner gets an absolute interest in half of the remainder
the other half is then divided equally between the surviving children
If a son or daughter (or other child where the deceased had a parental role) has already died, their children will inherit in their place.

L0bstersLass · 09/11/2021 12:18

@L0bstersLass

In England and Wales, if someone dies without a will their estate is split as follows:

The husband, wife or civil partner keeps all the assets (including property), up to £270,000, and all the personal possessions, whatever their value.

The remainder of the estate will be shared as follows:
the husband, wife or civil partner gets an absolute interest in half of the remainder
the other half is then divided equally between the surviving children
If a son or daughter (or other child where the deceased had a parental role) has already died, their children will inherit in their place.

Meant to add - so if she's getting everything, there must have been a will.
Zilla1 · 09/11/2021 12:19

Little advice except that it would depend on the jurisdiction where he died and where the house is located, circumstances including the value of assets and how held. If in England and Wales then intestacy law might help depending on the value of the house, other assets and how any share the new wife might have would be held. Any pre-marriage will he had signed might have become invalidated after a subsequent marriage anyway. How long ago did he die and what was the likely value of the estate?

BadlyFormedQuestion · 09/11/2021 12:19

@user1493035447

My mum died in 1993 and she clearly trusted my dad. It's very sad looking at how she dealt with things, she gave family members schedules of our activities and even bought out clothes for her funeral. My dad on the other hand just buried his head in the sand. I think the lying about a will was to get my granny off his back, but she could clearly see what would happen without one. Why he lied to us is incomprehensible to me. I think it is a word of warning g to everyone out there to write a fool proof will and even leave things to your children of that is what you ultimately want. It is a complete mess.
He possibly lied because he wanted an easy life. He didn’t want to rock the boat with his wives by making wills that disinherited them in favour of his children (which may be how they’d see it). And he didn’t want to rock the boat by telling your gran or you that he was going to leave everything to his wife.

Many of the assets are probably considered marital assets anyway. So equally owned with his wife. She’s not necessarily inheriting them, it’s just that the man she co-owned them with died first.

These things are messy and difficult. I’m sorry you’re struggling with this.

TatianaBis · 09/11/2021 12:19

Is still alive OP?

Puzzledandpissedoff · 09/11/2021 12:23

Another vote for legal advice; it'll cost you, but hopefully just an outline of whether you can contest this shouldn't cost too much

spudinmysock · 09/11/2021 12:28

The very same thing happened to me and my sibs .

Our DM died when we were children , house paid off , DF remarries , marriage fails , house needs remortgaging to pay her off .

Fast forward lots of years , sibs and I all adults when DF falls ill , DF decides to marry his long term GF 6 weeks before he dies . His then will become null and void.

She got the lot , including his ashes ( never mind he insisted he wanted to BURIED with our DM his entire life, she never heard him say that once apparently ) all the property , all his possessions , all his savings . She hasn't spoke to any of us since the funeral despite being 'grandma' to our DC's when DF was alive .

8 years have passed , she is now married to someone else so me and my sibs are well out of the line of inheritance

It's done nothing but sour the memory of my DF , stupid fool that he was .

Nothing we could have done about it , it cut deep and still does .

Just try to make peace with it the best you can, you will drive yourself crackers otherwise

ThumbWitchesAbroad · 09/11/2021 12:31

I'm so sorry this has happened to you.
I agree you must see a solicitor but in all honesty I think your father HAS completely fucked you over and there is probably not a lot you can do about it.

What an utter arsehole of a thing to do to his own children AngrySad

BadlyFormedQuestion · 09/11/2021 12:35

She got the lot , including his ashes ( never mind he insisted he wanted to BURIED with our DM his entire life, she never heard him say that once apparently ) all the property , all his possessions , all his savings .

I’m trying to say this very gently, because I recognise that this is all very hurtful for you (totally understandably).

I think it might be that she did never hear him say that. He might have said it to you many times, but it’s a strong possibility that he did not insist to his wife that he wanted to be buried with his first wife.

He may well have made alternate arrangements with her and just not wanted to tell you because he knew you’d be upset. And now she’s playing the role of villain for doing what he asked her to do.

All of this is really hard, but it is likely that your father made a set of conscious decisions here and then didn’t share them with you.

Zilla1 · 09/11/2021 12:37

Further to my post, you probably know but I think even if someone dies intestate, in England and Wales, there is a requirement for an administrator responsible for the distribution of the assets.

LakieLady · 09/11/2021 12:38

So sorry this has happened OP.

A friend of mine went through something similar, her DF was incredibly wealthy, and left everything to the second wife, despite having assured his children that there would be provision for them and for his first wife to continue to receive maintenance of £1k a month.

Friend feels as though she and her DB counted for nothing and that her mum has been absolutely shafted. It really hurt her, whereas her DB was just angry.

WickedWitchOfTheTrent · 09/11/2021 12:39

These things are awful when the person in question dies, as you never ever get closure on it and can't ask them 'why'.

My dh df said lots of things, but when he died we found out it was all bullshit. It's driven a wedge between the family and my dh doesn't now talk to his db, he's even said to me that if he dies first im not to tell his db or let him attend the funeral

If there is no will I'd strongly suggest you seek legal advice and contest the fact that his wife gets everything

muddyford · 09/11/2021 12:39

He may have had a will when he told you about it initially, but that would have been immediately invalidated by his marriage.

Ozanj · 09/11/2021 12:42

When a man has children he has to have a will in order for it to be left to his wife, otherwise money automatically goes to his children. And if there is a will then if it was written recently it can definitely be contested as him not being in the right state of mind or even being scammed by his new wife. Get proper legal advice. It’s worth paying for.

BungleandGeorge · 09/11/2021 12:42

Go and see a solicitor and see if you have a case to contest the will

MLMshouldbeillegal · 09/11/2021 12:44

All of this is really hard, but it is likely that your father made a set of conscious decisions here and then didn’t share them with you.

Agree. Your dad became sole owner of the property whenever your mother died - you don't say how long ago but reading between the lines it was quite some time ago. He remarried, and then remarried again. He has chosen not to make a will - and is well aware of the consequences of that decision. That's his choice to make, however much it hurts and however much you and your siblings disagree with it.

AFAIK, children can inherit from an intestate estate, but it will depend on the value of the estate.

amillionrosepetals · 09/11/2021 12:46

You can challenge the laws of intestacy in the same way that you can challenge a will:
www.thegazette.co.uk/all-notices/content/103458

user1493035447 · 09/11/2021 12:46

That sounds exactly like my situation Spudinmysock. I truly understand what you went through and it is not pleasant. It's the awful attitude of the wife ignoring you, the same is happening to me. She hijacked the funeral and turned it into a religious thing even though it is the last thing on earth my dad would have wanted. His sister and best friend were absolutely shocked when they heard this and both spoke to me privately after to ask what was going on. I will speak to a lawyer but I doubt there is much that can be done. The best I can do is to try and put it out my mind but I feel much more for my sister who has no parents and struggling for childcare. My mum would be speechless hearing this.

OP posts:
RubyTuesday70 · 09/11/2021 12:46

DH's Mum died when he was 17, and she left the house to her 2nd husband who was DH's stepdad. Her life insurance paid the mortgage off in full, and she had paid the deposit with her divorce settlement from DH's dad. Stepdad was penniless and came from a rented house with his own DC.

When the stepdad died, he left it entirely to his own 2 children... DH and his sister never had a penny from their Mum. And it was a substantial sum of over £500k. DH tried a solicitor but we realised that it could cost us a small fortune with no guarantee of success. I am still really angry that his Mum made that decision in her will.

Almostmenopausal · 09/11/2021 12:47

Sorry to ask so bluntly but it's not clear from your OP - is your Dad still alive???

diddl · 09/11/2021 12:49

"All of this is really hard, but it is likely that your father made a set of conscious decisions here and then didn’t share them with you."

Sadly I think that this could be it.

He has told you what you wanted to hear, but all along has wanted to provide for his wife-which isn't unusual.

Does she have children?

Is he expecting you & your siblings to inherit from her when she dies?

UndertonesOfCake · 09/11/2021 12:49

@Ozanj

When a man has children he has to have a will in order for it to be left to his wife, otherwise money automatically goes to his children. And if there is a will then if it was written recently it can definitely be contested as him not being in the right state of mind or even being scammed by his new wife. Get proper legal advice. It’s worth paying for.
This is not true - not in the UK anyway www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy
GETTINGLIKEMYMOTHER · 09/11/2021 12:50

You have my every sympathy, OP.

IMO men who do this, or let themselves be persuaded or bullied into leaving everything to a new wife, are despicable.

I would like to think I could come back and haunt dh if he ever dared to disinherit dds!

I’ve known someone whose family lost a substantial estate to this - their father had fairly early dementia, which made it that much easier for the gold digging, and obviously very controlling new wife - who had previously been his paid, live-in carer.

But since it hadn’t been officially diagnosed before he married* her, their attempt to contest the will was unsuccessful.

If you ever suspect that a surviving parent is developing dementia, please for goodness sake get a diagnosis. People with dementia are so very vulnerable to unscrupulous, avaricious gold-diggers.

*Needless to say, she got him to agree to marry her on the quiet, didn’t inform any of the family in advance, and took him abroad to do the deed.

user1493035447 · 09/11/2021 12:52

He died a few months ago now, so there is no closure. I tried discussing the will situation when I found out it was a lie but he got very aggressive and said it was none of my business. His best friend got the same reaction when he tried to bring up the subject with him too.

OP posts:
Bellringer · 09/11/2021 12:53

My fil just left everything to charity, cutting his family out. This went against mirror will with his wife who died first. She would be so upset.
It's a horrible betrayal. Do get legal advice and never trust anyone, put it in writing.