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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:
Treesaregreen82 · 28/06/2026 18:04

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?

No 20k is everything he owns. No car, property etc.

OP posts:
Treesaregreen82 · 28/06/2026 18:06

saraclara · 28/06/2026 18:03

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.

Yes exactly this! The bank have explained that as he had under 50k in his.bank amd there was no will then probate isn't needed. I just need to prove I'm his daughter so.ots pretty straight forward.

OP posts:
saraclara · 28/06/2026 18:06

@Treesaregreen82 of you have home insurance, check that it offers a free legal helpline. Almost all insurers do, even if you don't have specific legal cover.

My insurer's helpline saved my sanity when I was dealing with my mum's estate and the original executor was acting crazily. You'll get to speak to a qualified solicitor, and mine let me call as often as I needed to. I must have phoned half a dozen times at different stages, and everyone I spoke to was empathetic and professional.

Treesaregreen82 · 28/06/2026 18:08

saraclara · 28/06/2026 18:06

@Treesaregreen82 of you have home insurance, check that it offers a free legal helpline. Almost all insurers do, even if you don't have specific legal cover.

My insurer's helpline saved my sanity when I was dealing with my mum's estate and the original executor was acting crazily. You'll get to speak to a qualified solicitor, and mine let me call as often as I needed to. I must have phoned half a dozen times at different stages, and everyone I spoke to was empathetic and professional.

What a great idea! I'll get onto this tomorrow. Thank you so much for the tip off!

OP posts:
saraclara · 28/06/2026 18:15

Treesaregreen82 · 28/06/2026 18:08

What a great idea! I'll get onto this tomorrow. Thank you so much for the tip off!

You're welcome! I'm evangelical about spreading the word, because I found that hardly anyone knows that this service is available to them! I didn't know myself, at the beginning of my own legal nightmare, and if I had, it would have saved me a lot of anguish.

I discovered my helpline at 10:30pm one night. It was a 24 hour service, so I called it straight away, and within two minutes a wonderful young woman had confirmed that I wasn't going mad, and it was the ex-executor that was batshit crazy, and I almost cried with relief! I'll never forget that young woman. I think she almost cried when I told her how wonderful she was and what a difference she'd made to me.

hididdlyho · 28/06/2026 18:47

I'm so sorry for your loss. My uncle died intestate a few years ago with no children. Stick to your guns and don't give anything to this 'partner' or her daughter, especially in haste. The 'estate' will pay for the funeral, but you have to wait for probate to be granted first. If his partner has already paid for his cremation, then all she is legally (and morally imo) is the cost of cremation. It sounds like she's trying her luck. I would let the remainder of the inheritance sit there in case your estranged siblings come forward for it in the furture.

thornbury · 28/06/2026 18:59

I hope you’re not going to give her the ashes, she's an entitled b*tch.

Treesaregreen82 · 29/06/2026 06:26

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.

I'm confused. How can I honor what my dad wished for in his unsigned will when it wasn't signed and therefore not valid? If I was to honour this then I'd be cutting my brothers out and transferring their cut over to his partner and ultimately breaking the law of intestacy?

OP posts:
Treesaregreen82 · 29/06/2026 06:29

hididdlyho · 28/06/2026 18:47

I'm so sorry for your loss. My uncle died intestate a few years ago with no children. Stick to your guns and don't give anything to this 'partner' or her daughter, especially in haste. The 'estate' will pay for the funeral, but you have to wait for probate to be granted first. If his partner has already paid for his cremation, then all she is legally (and morally imo) is the cost of cremation. It sounds like she's trying her luck. I would let the remainder of the inheritance sit there in case your estranged siblings come forward for it in the furture.

I've been advised by the bank that as his bank balance was below a certain threshold then probate or letters of administration aren't needed. It's really as simple as myself signing a bereavement indemnity form and the funds will be released to me. This is what's making me feel so stressed about the whole situation as I know it's all sitting on my shoulders to make this move but my mind just isn't in it at the moment!

OP posts:
PeonyPanda · 29/06/2026 06:39

Treesaregreen82 · 29/06/2026 06:26

I'm confused. How can I honor what my dad wished for in his unsigned will when it wasn't signed and therefore not valid? If I was to honour this then I'd be cutting my brothers out and transferring their cut over to his partner and ultimately breaking the law of intestacy?

Also, did you DDad deliberately not sign his draft will, because whilst it contained what his partner wished him to do, it wasn’t actually what he wanted to do. Therefore at the time easier for him to keep peace and say it was done, but actually not signing it was deliberate choice as he didn’t want to exclude his estranged sons?

you’ll never know for sure, but I’d take comfort from that.

AtlasPine · 29/06/2026 06:40

You e had some good advice on this thread (and the odd bit of bad advice!) Do it to the letter of the law or you could find yourself having to reimburse a long lost brother out of your own pocket. Whatever his wishes were, he didn’t do what he needed to do to put them in place so this is the result. It is not your fault but his I’m afraid.

it sounds like your estranged brother has had a difficult life. I’m all for fairness and hope he is found to claim his small pot in the division of the funds. He is your father’s boy whatever he has done.

ThePM · 29/06/2026 06:44

PeonyPanda · 29/06/2026 06:39

Also, did you DDad deliberately not sign his draft will, because whilst it contained what his partner wished him to do, it wasn’t actually what he wanted to do. Therefore at the time easier for him to keep peace and say it was done, but actually not signing it was deliberate choice as he didn’t want to exclude his estranged sons?

you’ll never know for sure, but I’d take comfort from that.

This is what I was thinking too. “what your father wanted” and “what I wanted from your father” are not the same.

She wants you to steal from your brothers and to give her the money. That shows quite a high level of expectation and I can imagine she was financially quite controlling. She certainly wanted him to have zero of her assets and is now grasping at his and getting her daughter in on the act.

Are you a people pleaser OP, would she see you as a soft touch?

Treesaregreen82 · 29/06/2026 06:47

AtlasPine · 29/06/2026 06:40

You e had some good advice on this thread (and the odd bit of bad advice!) Do it to the letter of the law or you could find yourself having to reimburse a long lost brother out of your own pocket. Whatever his wishes were, he didn’t do what he needed to do to put them in place so this is the result. It is not your fault but his I’m afraid.

it sounds like your estranged brother has had a difficult life. I’m all for fairness and hope he is found to claim his small pot in the division of the funds. He is your father’s boy whatever he has done.

Yes I agree. Either way I will be trying my best to trace my brother and his share will sit in an account waiting for him, until the end of time if needed! I need to do what's expected as per instructions by law and not let emotions get in the way. I believe I'm been emotionally manipulated by my dad's partner and I can now see that it's very unfair of her to put me in this situation.

OP posts:
ElinoristhenewEnid · 29/06/2026 06:53

Gosh sounds like having her cake and wanting to eat it too - she was determined her money would go to her dcs to the point of making your df homeless - not even a life interest in the home - but feels she deserves your dfs money too at the expense of his dcs!! Speechless!!

PersephoneParlormaid · 29/06/2026 06:58

Don’t be emotionally blackmailed into doing anything, just do what the law requires you to do. I was emotionally blackmailed my step family, in fact I’d go so far to say that they bullied me to do what they wanted, just because I was executor and not them.

MJagain · 29/06/2026 07:01

Treesaregreen82 · 29/06/2026 06:29

I've been advised by the bank that as his bank balance was below a certain threshold then probate or letters of administration aren't needed. It's really as simple as myself signing a bereavement indemnity form and the funds will be released to me. This is what's making me feel so stressed about the whole situation as I know it's all sitting on my shoulders to make this move but my mind just isn't in it at the moment!

I had this with my relative. The bank sent me the cash very easily. I paid off bills and then split the meagre amount left with my sister. Job done.

FigurativelyDying · 29/06/2026 07:26

I’m so sorry for your loss @Treesaregreen82. I hope you are able to get some counselling to help you push your dad’s final moments to the background. I know about reliving events over and over, and it’s exhausting and upsetting.

If you can’t afford to pay for legal advice, could you pay for one solicitor’s letter to your father’s partner, stating that you intend to remain within the letter of the law and will take action if she continues to urge you to break the law. Or similar.

Treesaregreen82 · 29/06/2026 07:56

ThePM · 29/06/2026 06:44

This is what I was thinking too. “what your father wanted” and “what I wanted from your father” are not the same.

She wants you to steal from your brothers and to give her the money. That shows quite a high level of expectation and I can imagine she was financially quite controlling. She certainly wanted him to have zero of her assets and is now grasping at his and getting her daughter in on the act.

Are you a people pleaser OP, would she see you as a soft touch?

Not a people pleaser but feeling very vulnerable at the moment and she knows this. She also knows how much I cared for my dad and that asking me to do things as my dad "wished" in his unsigned will is putting me in an impossible position. Im also very concerned that if she doesnt get her own way she may drag me through court which i dont feel as though im emotionally and mentally capable of coping with right now.😔

OP posts:
saraclara · 29/06/2026 08:09

Treesaregreen82 · 29/06/2026 07:56

Not a people pleaser but feeling very vulnerable at the moment and she knows this. She also knows how much I cared for my dad and that asking me to do things as my dad "wished" in his unsigned will is putting me in an impossible position. Im also very concerned that if she doesnt get her own way she may drag me through court which i dont feel as though im emotionally and mentally capable of coping with right now.😔

She can't drag you through court, because she has no case whatsoever, and any lawyer that she approaches will make that clear.
Hopefully a helpline lawyer will give you more confidence in that regard.

Alternatively, if it turns out you don't have a free helpline* (unlikely) there are legal forums with qualified and checked solicitors on, where you could post.

*If your home insurance doesn't, you might find you have one through other channels like a union or professional organisation.

Treesaregreen82 · 29/06/2026 08:23

saraclara · 29/06/2026 08:09

She can't drag you through court, because she has no case whatsoever, and any lawyer that she approaches will make that clear.
Hopefully a helpline lawyer will give you more confidence in that regard.

Alternatively, if it turns out you don't have a free helpline* (unlikely) there are legal forums with qualified and checked solicitors on, where you could post.

*If your home insurance doesn't, you might find you have one through other channels like a union or professional organisation.

Yes I think that's the issue I just need some legal clarity to put my mind at rest. I'm an avid over thunder and procrastinator at the best of times so I'm not helping myself 😖

OP posts:
number1of7 · 29/06/2026 08:25

She’s a cf. the banks will pay the funeral directors direct before probate by the way but I don’t think you need probate (letters of administration as intestate) in any event.

number1of7 · 29/06/2026 08:27

Also you might still have some pension benefits.

saraclara · 29/06/2026 08:34

number1of7 · 29/06/2026 08:27

Also you might still have some pension benefits.

I put my mum's details into Gretel. A free service that checks for any forgotten bank accounts and pensions.

It turned out that my mum had a savings account that had been long forgotten.
If a solicitor was executor, that's the kind of search they'd do.

https://www.gretel.co.uk/

https://www.gretel.co.uk

Treesaregreen82 · 29/06/2026 09:05

number1of7 · 29/06/2026 08:27

Also you might still have some pension benefits.

Yes he had a couple of pensions. I've passed them into his partner as he listed her as a dependant on the policies. She's already been in touch with them.

OP posts:
GrillaMilla · 29/06/2026 09:14

Unforgivable really that she's put this pressure on you when you are grieving. Cold and money grabbing, for that I would have no qualms about sharing the money out and giving her nothing (which is what you have to do legally anyway).

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