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Bereaved and overwhelmed after dad died intestate, am I being unreasonable?

83 replies

Treesaregreen82 · 28/06/2026 17:12

First of all sorry for the long post! Just feeling quite overwhelmed at the moment and thinking that maybe getting some different perspectives may bring clarity. Unfortunately my father passed last week. I'm absolutely devastated but glad I was there at his end and was able to help him through his terminal cancer. His passing was very traumatic. He wanted to pass at home and was constantly playing down his end of life symptoms. He ended up having a fall in the bathroom while I was outside. He was such a proud man, so much so that when my back was turned he tried to get himself to the toilet. I found him on the floor. His partner rang an ambulance and I sat hugging him until it arrived but he took his last breaths and passed pretty much as soon as they began to move him from me. Needless to say it was a pretty traumatic evening.

I offered to stay with his partner that evening to give her some emotional support but she said she'd be fine, so after the coroner had taken my dad I went home. I didn't sleep that night so the following day just felt like I was surviving on adrenaline. The next morning his partners daughter called and asked if I knew where he kept his will. I'm not going to lie, I immediately felt disheartened by this, as my dad hadn't even been gone for 12 hrs and they were rooting through his things trying to find if they were in his will. Bit of background, my dad isn't married to his partner and they don't have kids together. His partner has always made a point of wanting to keep their finances separate. She is fairly comfortable. Money hasn't ever been an issue for her, so much so that she's not long given her granddaughter £10,000 towards her Australia gap year. She also owns her own house outright, which was one of the main reasons she never wanted to marry my dad as she didn't want him to have any rights to it if she passed before him. She was always very honest about this. Infact when she was going in for an operation last year and was told that she may not make it through the other side, she called me when my dad was asleep and told me that i need to understand that if she didnt come through the op, my dad would be made homeless and have to move out as she wants the house to be sold and distributed to her kids. I think she was basically telling me this because she knew that i would potentially have to house my dad until he found somewhere else to live. I never discussed this with him as he wasnt well at the time with what we now know was the beginning of his cancer and i didnt want him to stress. Shes always been a very matter of a fact sort of person. She purposely made sure that all of the utilities were in her name. She would take my father to the bank to withdraw money out of his account to pass onto her to contribute towards the bills so that there was no record of his contributions. I'm not complaining about any of this, as my dad never objected, just setting the scene about how they both lived.

My dad always insisted that he didnt want a funeral as such. He requested a direct cremation and a small family gathering, so in terms of cash it was a relatively small cost of £1500. Obviously his partner wanted to have my dads ashes back so she had to deal with the funeral company directly. I offered to pay but she told me there was no need. Now my dad never really had much financially. Yes he invested in a couple of decent private pensions, one which he cashed out when he found out he was terminal, but he didn't own his own home and his accounts at time of passing had £20000 in them.

After his partners daughter contacted the will providers it turned out he didn't actually have a will. He had someone come out for a chat with him and they drafted a document up for him to look over and sign, but he never signed it. They said they could post it out for us to maybe see his last intentions but unfortunately it had no legal standing. Because of this, he died intestate meaning what was in his bank account funds would automatically pass to his 4 children, once the funeral costs were paid. The will company stated that at the time of speaking with him he advised that he had left me and my brother a gift of £5000 each. 2 of my brothers he had left out, and his partner was to be given any residual money left once the funeral and any loose ends with debt had been paid. He had also listed me as executor. I got some advise from the national bereavement agency and they advised that either myself or brothers would have to now act in place of executor to close accounts and distribute funds, but as the will wasnt signed the amounts would be split between closest living relatives, in our case it was his kids. My brothers nominated me, so now its up to me to follow bereavement law and distribute my dad's money according to intestancy law. Needless to say things have turned sour with my dad's partner. Two of my brothers were estranged and she's basically asking me not to mention the cash to them as weren't in the unsigned will, and just transfer the money to her. She just keeps on telling me it's what my dad would have wanted. I was in total shock when she asked me to do this.

The forms I have to sign from the bank to access the money contain an indemnity waiver which basically says if I don't distribute the estate as per the law then I will be the one who faces not only the financial bit also the legal repercussions. I tried to explain this to her but she doesn't seem to understand and im sure she thinks im just being akward. I've told her that if she wants to reach out to my brothers ( one of them hasn't been in touch for 14 years and I can't trace him for love nor money)
then maybe she could chat with them and see if they would waiver their inheritance and pass it onto her. She's not happy with this. She told me yesterday, after offering to pay for the funeral that she can't afford anymore as she's not set to inherit from him. I've told her not to worry as I'll pay for everything but I know she's not short of cash so this is just a way of trying to punish me. I just wished she'd never touched on the will until we'd given my dad his send off. This is the exact reason I felt uncomfortable with her trying to find ot the day after his death. I feel like I haven't had time to grieve him as I've had nothing but earache and stress about his unsigned will for the last week since he passed. In fact I'm so sick of it that I'm considering telling her that she can have the few grand he wanted me to have as I just want to wash my hands of it all now and process the death of my dad. Am i being unreasonable feel this way? I'm so sleep deprived and out of sorts I just can't think straight anymore.

OP posts:
Sparkletastic · 28/06/2026 17:18

Don’t give her any money. Distribute the money to the brothers you are in touch with. Keep your share and put the estranged brother’s in a savings account. Never speak to your father’s girlfriend again after the funeral.

PermanentTemporary · 28/06/2026 17:25

First response nailed it.

What a horrific situation. I’m sure you are still in shock. I hope you’ve seen your GP and asked about bereavement counselling.

Move22 · 28/06/2026 17:25

What first reply said 💯

toomuchheatintheroom · 28/06/2026 17:26

Sparkletastic · 28/06/2026 17:18

Don’t give her any money. Distribute the money to the brothers you are in touch with. Keep your share and put the estranged brother’s in a savings account. Never speak to your father’s girlfriend again after the funeral.

Yup - this.

I’m sorry OP for your loss, it’s sounds like you’ve handled everything very gracefully at a time you should have the space to grieve

WhatAMarvelousTune · 28/06/2026 17:27

I mainly agree with the first response but I think that you’re required to put some effort in to tracing a missing beneficiary. I don’t think you can just put it in an account so if he shows up he can have it. Maybe you’ve already really tried, in which case there are still proper channels to follow with the money.

But absolutely don’t give it to his girlfriend! You cannot legally do what she is asking here.

Treesaregreen82 · 28/06/2026 17:30

Sparkletastic · 28/06/2026 17:18

Don’t give her any money. Distribute the money to the brothers you are in touch with. Keep your share and put the estranged brother’s in a savings account. Never speak to your father’s girlfriend again after the funeral.

This is the advice I've been given when looking online, to put my estranged brothers inheritance into an account for him. I'm jist worried incase she tries to take it further and try to claim through a solicitor but from what I've read it's such a small amount that my dad has left that It wouldn't be worth her while for what it would cost in legal fees. My heads just all a jumble at the moment

OP posts:
Secretseverywhere · 28/06/2026 17:30

If you were to give her the money you would be liable for it. It’ll come back to bite you on the arse years down the line. I’d offer again to repay cremation costs from the estate as she probsbly thought she’d be repaid from estate residuals.

Decostyle · 28/06/2026 17:31

Agree with first response. Don’t discuss this with her anymore as it’s nothing to do with her. Don’t be a people pleaser to your own detriment

likelysuspect · 28/06/2026 17:32

Treesaregreen82 · 28/06/2026 17:12

First of all sorry for the long post! Just feeling quite overwhelmed at the moment and thinking that maybe getting some different perspectives may bring clarity. Unfortunately my father passed last week. I'm absolutely devastated but glad I was there at his end and was able to help him through his terminal cancer. His passing was very traumatic. He wanted to pass at home and was constantly playing down his end of life symptoms. He ended up having a fall in the bathroom while I was outside. He was such a proud man, so much so that when my back was turned he tried to get himself to the toilet. I found him on the floor. His partner rang an ambulance and I sat hugging him until it arrived but he took his last breaths and passed pretty much as soon as they began to move him from me. Needless to say it was a pretty traumatic evening.

I offered to stay with his partner that evening to give her some emotional support but she said she'd be fine, so after the coroner had taken my dad I went home. I didn't sleep that night so the following day just felt like I was surviving on adrenaline. The next morning his partners daughter called and asked if I knew where he kept his will. I'm not going to lie, I immediately felt disheartened by this, as my dad hadn't even been gone for 12 hrs and they were rooting through his things trying to find if they were in his will. Bit of background, my dad isn't married to his partner and they don't have kids together. His partner has always made a point of wanting to keep their finances separate. She is fairly comfortable. Money hasn't ever been an issue for her, so much so that she's not long given her granddaughter £10,000 towards her Australia gap year. She also owns her own house outright, which was one of the main reasons she never wanted to marry my dad as she didn't want him to have any rights to it if she passed before him. She was always very honest about this. Infact when she was going in for an operation last year and was told that she may not make it through the other side, she called me when my dad was asleep and told me that i need to understand that if she didnt come through the op, my dad would be made homeless and have to move out as she wants the house to be sold and distributed to her kids. I think she was basically telling me this because she knew that i would potentially have to house my dad until he found somewhere else to live. I never discussed this with him as he wasnt well at the time with what we now know was the beginning of his cancer and i didnt want him to stress. Shes always been a very matter of a fact sort of person. She purposely made sure that all of the utilities were in her name. She would take my father to the bank to withdraw money out of his account to pass onto her to contribute towards the bills so that there was no record of his contributions. I'm not complaining about any of this, as my dad never objected, just setting the scene about how they both lived.

My dad always insisted that he didnt want a funeral as such. He requested a direct cremation and a small family gathering, so in terms of cash it was a relatively small cost of £1500. Obviously his partner wanted to have my dads ashes back so she had to deal with the funeral company directly. I offered to pay but she told me there was no need. Now my dad never really had much financially. Yes he invested in a couple of decent private pensions, one which he cashed out when he found out he was terminal, but he didn't own his own home and his accounts at time of passing had £20000 in them.

After his partners daughter contacted the will providers it turned out he didn't actually have a will. He had someone come out for a chat with him and they drafted a document up for him to look over and sign, but he never signed it. They said they could post it out for us to maybe see his last intentions but unfortunately it had no legal standing. Because of this, he died intestate meaning what was in his bank account funds would automatically pass to his 4 children, once the funeral costs were paid. The will company stated that at the time of speaking with him he advised that he had left me and my brother a gift of £5000 each. 2 of my brothers he had left out, and his partner was to be given any residual money left once the funeral and any loose ends with debt had been paid. He had also listed me as executor. I got some advise from the national bereavement agency and they advised that either myself or brothers would have to now act in place of executor to close accounts and distribute funds, but as the will wasnt signed the amounts would be split between closest living relatives, in our case it was his kids. My brothers nominated me, so now its up to me to follow bereavement law and distribute my dad's money according to intestancy law. Needless to say things have turned sour with my dad's partner. Two of my brothers were estranged and she's basically asking me not to mention the cash to them as weren't in the unsigned will, and just transfer the money to her. She just keeps on telling me it's what my dad would have wanted. I was in total shock when she asked me to do this.

The forms I have to sign from the bank to access the money contain an indemnity waiver which basically says if I don't distribute the estate as per the law then I will be the one who faces not only the financial bit also the legal repercussions. I tried to explain this to her but she doesn't seem to understand and im sure she thinks im just being akward. I've told her that if she wants to reach out to my brothers ( one of them hasn't been in touch for 14 years and I can't trace him for love nor money)
then maybe she could chat with them and see if they would waiver their inheritance and pass it onto her. She's not happy with this. She told me yesterday, after offering to pay for the funeral that she can't afford anymore as she's not set to inherit from him. I've told her not to worry as I'll pay for everything but I know she's not short of cash so this is just a way of trying to punish me. I just wished she'd never touched on the will until we'd given my dad his send off. This is the exact reason I felt uncomfortable with her trying to find ot the day after his death. I feel like I haven't had time to grieve him as I've had nothing but earache and stress about his unsigned will for the last week since he passed. In fact I'm so sick of it that I'm considering telling her that she can have the few grand he wanted me to have as I just want to wash my hands of it all now and process the death of my dad. Am i being unreasonable feel this way? I'm so sleep deprived and out of sorts I just can't think straight anymore.

Yes you just let the law take its natural course

This happened with my mum who had some cousins who died intestate but equally had died one after the other, owning a flat between the 3 of them and hadnt exectued any of the estate each time. So when the last cousin died it all had to be dealt with

My mums cousin just wanted my mum, executor, to write a letter to sign over the bank account and share it out!!!

In the end there were about 15 beneficiares all around the world, it took 4 years to complete probate

She would have broken the law if she did this.

The law is clear, it goes to you and your siblings and thats that.

Treesaregreen82 · 28/06/2026 17:34

WhatAMarvelousTune · 28/06/2026 17:27

I mainly agree with the first response but I think that you’re required to put some effort in to tracing a missing beneficiary. I don’t think you can just put it in an account so if he shows up he can have it. Maybe you’ve already really tried, in which case there are still proper channels to follow with the money.

But absolutely don’t give it to his girlfriend! You cannot legally do what she is asking here.

Edited

I've tried every avenue to trace my brother through my dads illness. I have been advised that as lomg as I put his funds in a totally separate account to my own and never touch it then although it's not ideal, I'm not breaking the law. As long as I can show that I've made reasonable attempts to contact him then I've done everything right. The problem is he has a criminal past, so he's purposely made himself untraceable.

OP posts:
Treesaregreen82 · 28/06/2026 17:36

Secretseverywhere · 28/06/2026 17:30

If you were to give her the money you would be liable for it. It’ll come back to bite you on the arse years down the line. I’d offer again to repay cremation costs from the estate as she probsbly thought she’d be repaid from estate residuals.

That's what's worrying me. I'd always be looking over my shoulder and I have a family of my own to protect. I've already advised her that either way she'd be getting the money back for his funeral, but I'm paying it now so she doesn't have to worry. I just want him to have the send off he wanted.

OP posts:
Treesaregreen82 · 28/06/2026 17:37

likelysuspect · 28/06/2026 17:32

Yes you just let the law take its natural course

This happened with my mum who had some cousins who died intestate but equally had died one after the other, owning a flat between the 3 of them and hadnt exectued any of the estate each time. So when the last cousin died it all had to be dealt with

My mums cousin just wanted my mum, executor, to write a letter to sign over the bank account and share it out!!!

In the end there were about 15 beneficiares all around the world, it took 4 years to complete probate

She would have broken the law if she did this.

The law is clear, it goes to you and your siblings and thats that.

It's an awful feeling.

OP posts:
PashaMinaMio · 28/06/2026 17:38

Sparkletastic · 28/06/2026 17:18

Don’t give her any money. Distribute the money to the brothers you are in touch with. Keep your share and put the estranged brother’s in a savings account. Never speak to your father’s girlfriend again after the funeral.

This with bells on. ^^
You absolutely must stick to the law of intestacy.

When the estate has been finally been divided, and settled then & only then you might want to share a bit of your money with her but as they were not wed, why should you? I wouldn’t. Your dad paid his way when they were together. She made sure of that.

In your shoes, for now, I’d shut-her-down. Ignore, ignore, ignore. If you absolutely must talk or see her, just nod and smile.

PrizedPickledPopcorn · 28/06/2026 17:39

It doesn’t sound as though you need to deal with her in any way. She has no legal standing. She’s taken care to show she isn’t financially dependent on him.
You are executor and one of the beneficiaries. The estate is paying for the funeral.
I think you can, and probably should, simply ignore her.

Treesaregreen82 · 28/06/2026 17:43

PermanentTemporary · 28/06/2026 17:25

First response nailed it.

What a horrific situation. I’m sure you are still in shock. I hope you’ve seen your GP and asked about bereavement counselling.

I didn't even know that was a thing. It may be worth male giving them a call. I can't seem to sleep without replaying his last moments. I'm sure time will heal but I jist need to clear my head a bit I think

OP posts:
Marwoodsbigbreak · 28/06/2026 17:43

Well she’s vile isn’t she?

Stop communicating with her as far as possible. Distribute the assets between yourself and siblings to the extent possible. Don’t give her a penny. I would block her as soon as I could

UltimateSloth · 28/06/2026 17:44

It's actually a lot easier to deal with the laws of intestacy than to deal with a badly drawn up or outdated will.

Funeral expenses come first out of the estate and then you follow the rules and dish out the money accordingly. You can take comfort that it isn't actually your decision or even your father's decision about who gets what and can counter any complaints from his partner with this fact.

GardenCovent · 28/06/2026 17:44

Op I deal with this daily. As there was no will to speak of any funds in his bank account passes to his legal next of kin which are his children. The bank will pay the money to any of the lnok and if there is a dispute it would have to be done legally, the bank will have nothing to do with this so please honour what your dad wished on the draft will as then you know you are carrying out his wishes.
Do not give his partner a penny, she was the one that was happy to make your dad homeless.

GardenCovent · 28/06/2026 17:45

And I agree with the pp, if there is no will it can make things so much easier for the lnok

MrsMoastyToasty · 28/06/2026 17:48

Get a solicitor to deal with it. They're going to handle things absolutely to the letter of the law.

mondaytosunday · 28/06/2026 17:51

I’m not sure why you even want to give this woman any money. Fulfil your legal duty and that’s that. You don’t have an option. And certainly do not give your share to her - why on earth would you? You can’t go against the law. You have to try and trace your brothers - what have you done to do this? You can as suggested put their share into a savings account while trying to trace them. It may not be worthwhile to hire a tracing agent. But you must legally be able to show you have tried to trace them, so document this. They have up to 12 years to claim their money. Have you published anything in the Gazette? Do so and also the local papers where your father lived. and if you hear nothing after two months you can distribute the money to the siblings you are in touch with and leave the missing siblings money in an account. Then wait out the 12 years, or buy missing beneficiary insurance in which you insure against your missing brothers coming to make a claim. Then you can distribute the funds between your known siblings.

Treesaregreen82 · 28/06/2026 17:59

mondaytosunday · 28/06/2026 17:51

I’m not sure why you even want to give this woman any money. Fulfil your legal duty and that’s that. You don’t have an option. And certainly do not give your share to her - why on earth would you? You can’t go against the law. You have to try and trace your brothers - what have you done to do this? You can as suggested put their share into a savings account while trying to trace them. It may not be worthwhile to hire a tracing agent. But you must legally be able to show you have tried to trace them, so document this. They have up to 12 years to claim their money. Have you published anything in the Gazette? Do so and also the local papers where your father lived. and if you hear nothing after two months you can distribute the money to the siblings you are in touch with and leave the missing siblings money in an account. Then wait out the 12 years, or buy missing beneficiary insurance in which you insure against your missing brothers coming to make a claim. Then you can distribute the funds between your known siblings.

Yes I'm planning to put a notice in the gazzette and local paper. I've tried through social media for him and his partner. Paid to check the electoral role. Visited his last known address. Contacted his last place of work and his ex wife. It just seems hopeless 😔

OP posts:
EBearhug · 28/06/2026 18:00

Won't the estate pay for the funeral anyway?

I agree, follow the intestacy laws. Tough on her if she felt entitled, but they never married, and he never signed a will, so that's how life (and death) happens.

Take care of yourself. Grief can be a hard road. As mentioned, your GP may have access to bereavement counselling. If your employer has an EAP (Employee assistance programme,) that often includes bereavement counselling. It might also include advice about dealing with intestacy etc.

saraclara · 28/06/2026 18:01

My situation was different, but the same in that there was no executor (she renounced) and I had to step up and do the job of managing my late mother's estate myself.

Just as if I'd been nominated as executor in the first place, it was legally vital that I carried out the role to the letter of the law. If your father's partner takes legal advice, she'll get nowhere and will be told categorically that you have absolutely no choice or flexibility in distributing your father's estate.

Did your father own property or is the £20k the entirety of his estate?

saraclara · 28/06/2026 18:03

MrsMoastyToasty · 28/06/2026 17:48

Get a solicitor to deal with it. They're going to handle things absolutely to the letter of the law.

That costs a fortune. They'll hardly be anything left.

A solicitor to do probate can be worthwhile for a reasonable fixed fee, but asking them to disburse the estate funds could end up hugely expensive, when the OP is perfectly capable of doing it herself.

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