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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:
simpsonthecat · 29/06/2026 09:15

Why do you need to even talk to her?
She sounds awful. Just cut contact.

MrsDroughtFire · 29/06/2026 09:22

First post nails it. His partner has no legal right to the money (I’m assuming there is no joint debt). I would ignore her messages and ask your siblings to do whatever they can to help you to trace your missing brother. Does he have children? You might find them on FB or LinkedIn and track back that way.

palran · 29/06/2026 09:40

Partner was quite cold about making your late father homeless if anything happened to her. As others have said she has no legal standing, and not married to your father.

Look, at the end of the day, after funeral and maybe wake and other expenses, realistically (I think there are four siblings?) each of you will get at most £4k each if the total of dad's estate is £20k.

Honestly that is not a massive sum in anyone's language, so I'd just ignore her, carry out the legal obligations, pay the funeral costs and divide the balance. That is the legal rule. You do not and should not have to get legal advice at all about this, it's very clear. However if it consoles you somewhat then try the free advice if it comes with your house insurance.

I am so sorry for your traumatic loss, and I hope things go smoothly and you eventually feel a bit better. Time does heal, it doesn't make it go away, but it heals.

saraclara · 29/06/2026 09:49

Treesaregreen82 · 29/06/2026 09:05

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.

So she's going to get his pensions, but she's still trying to get more?

professionalcommentreader · 29/06/2026 09:55

Sorry for your loss, and how awful of them!! I’d go with your dads intentions x

Beamsss · 29/06/2026 09:57

My MIL's dad died in similar circumstances. A pushy partner, estranged children and an unsigned will that left everything to the partner not DC.

MIL is convinced it was not accident that the will was never signed that it was drafted to appease partner but that he wanted the money to go to DC all along.

You can't "not mention" it to your brothers, that's very illegal.

GrainyPhoto · 29/06/2026 10:01

Treesaregreen82 · 28/06/2026 17:30

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

My heart goes out to you. Give yourself time to grieve and don’t answer any communications from the money-grabbers. If you’re in England, the estate will be divided between you and any siblings who can be traced. That’s the law.

OpalSpirit · 29/06/2026 10:13

I am so sorry for your loss, really, it is so difficult.

I am in the middle of dealing with an interstate estate which is very complicated and exhausting.
We also have shady characters demanding things be done differently.
You have my sympathies .
So crazy that when you are at your most vulnerable and deep in grief, you suddenly have to become an expert in estate law and a diplomatic genius.

Also shocking what the people around you ,who are supposed to love the one lost, will do when it comes to money.

Follow interstate law exactly, you actually have no choice it is laid out very clearly.

DozyCrow · 29/06/2026 10:15

So the partner didn't want your dad to have anything of hers, not even a roof over his head for a period of time, yet she wants what was his. What a bitch, especially seeking out the will so quickly.

You're doing everything right OP. I highly doubt she'll challenge you through the courts as it will be hugely expensive and she'll end up out of pocket. Just follow the law, as you are doing, and all should be fine. Great call from a pp for you to use any legal cover on your home insurance.

I hope all goes as smoothly as it can do, and my condolences for your loss.

Theyreeatingthedogs · 29/06/2026 10:41

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.

Terrible advice. It's a simple estate that the OP can deal with herself. Great advice on probate can obtained on Money Saving Expert forums.

12234m · 29/06/2026 10:46

I am so very sorry for your loss. You gave him comfort when he died and I hope that helps you.

Your father's partner did everything to protect herself so that your father had no claim. What is good for the goose.....so you take the money, give it to as many brothers as you want but give her and her irrelevant kids nothing. How dare they full stop but how dare they when she didn't want your dad to even stay in the house for life!

My friends mum married, she had the money, his kids thought it was his and sued and won. Years later they are after more. Vultures.

No marriage. No will. Nothing in writing. She and her grabby kids get nothing.

BigRedRockEater · 29/06/2026 11:32

You mentioned the pensions and say he listed her as a dependent. Was it as a dependant or beneficiary?

As they weren’t married and she has kept separate finances, she will not be entitled to an ongoing dependants pension. For unmarried partners you need to prove that you had joint finances, etc, usually for a minimum of 2 years. By keeping his contributions untraceable, she’s made that impossible.

The death grant is different, it’s a one off lump sum. If she’s not been nominated as a beneficiary for this, then she won’t be entitled to it, and it should go to you and your siblings. Give the paperwork a proper check.

I know it’s hard to keep afloat with all the things going on, but you are doing a good job of it. Keep contact to a minimum with her and when it’s all over wave her goodbye.

Musicaltheatremum · 29/06/2026 11:38

@Treesaregreen82
The trouble is OP, You could choose to do what's in the unsigned will as you're a nice person...BUT it's not only about you as you have an estranged brother who, because your dad died intestate has a claim on the estate. Therefore he could appear at any time (I'm not sure of the timescales, in Scotland you have 20 years to claim your legal rights in a will, not even intestate) and legally ask for his share ...you say "oh I gave it to the partner as dad's unsigned will said this' so he then says he wants his share and can go after the partner and you...
So you tell the partner that because the estranged son is entitled to a share in his estate you legally can't hand put the money.
Stay strong. And I'm sorry for your loss.

cheezncrackers · 29/06/2026 11:45

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!!

I agree! She's a real piece of work isn't she? Not only all that, but she and her DD are chasing the OP, the grieving DC, the day after her DF's traumatic death! Horrible pair of human beings who deserve absolutely nothing!

Flowers for you OP and condolences.

Paddingtonridesagain · 29/06/2026 11:55

I am sorry for your loss and that you are having to deal with this.
Obviously, the partner will not get anything and I would cut her off.

I think the time between the death and the funeral is just for organising the funeral. There is a lot of work with dealing with the medical examiner/doctor/coroner, choosing a funeral director, even for a direct cremation. Also how the close family will mark his passing.

There is no urgency to sort the estate. Your GP may have a Social Prescriber who can advise on any help available for sorting the estate and local bereavement counselling. Many hospices have bereavement counselling services. Cruse and Sue Ryder also provide it.

user5683926547 · 29/06/2026 11:57

Don’t give her a penny - she was quick enough to be protecting her own assets for her children, your father should have done the same for his kids, and it seems that by not signing the will he’s inadvertently done just that.
You are talking about relatively modest sums, not millions. Put the estranged brothers share in a savings account or similar and do your best to trace him once the funeral and all the other admin is sorted.
You don’t have to have anything to do with her again (I’m pretty sure I recall your thread when she was off for the operation? Perfectly reasonable of her, but she can’t be moaning when others do the same!)
Sorry for your loss. X

GreatThingsAwait · 29/06/2026 12:25

I think it’s clear that you have to split the money between you and your siblings however I think his partner is getting an unfair bashing on this thread.
It’s very normal for unmarried couples who have existing kids to want to leave their own money and houses to their own children. Getting him to pay through the bank account was sensible. A previous poster scathingly referred to her ‘going after’ his pension but it would have been him that nominated her 🫤 He wanted her to have that money. He got to live in her house so maybe he wanted to show his gratitude.
Also, posters are convinced that the only reason he wouldn’t have signed the draft will was because he didn’t want to when no one has any idea whet the truth would have been. It’s understandable that the partner truely believes that the OPs Dad wanted her to have some of his money. That not money grabbing really.
It was insensitive of the partners daughter to contact the OP about a will so soon after the death but some people are like that. They get comfort from sorting things out.
When my Dad died my Mum and I started sorting things out the very first day. We needed something to do and it helped us. It didn’t mean we loved him any less than if we had spent the day crying. Everyone’s different.

I think people need to be calmer and more tolerant of anyone when someone has died. The OP needs to do what is right and not worry about it but it’s pointless and unfair to try and whip her up into having a war with her Dads partner.
It’s pointless even if the partner is a horrible person. The OP should concerntrate on herself and her family

MontyDonsBlueScarf · 29/06/2026 12:50

Excellent post @GreatThingsAwait , I agree completely. Even the nicest people can behave strangely when they are grieving and if you're grieving yourself you don't have your normal capacity to cut them any slack. I'm not saying OP's dad's partner is an angel but I don't think the evidence shows that she's a devil either.

OP, just distribute the estate according to the law. You don't really have any other option. The only option you do have is whether or not to feel bad about it and why would you choose to do that?

Treesaregreen82 · 29/06/2026 14:38

BigRedRockEater · 29/06/2026 11:32

You mentioned the pensions and say he listed her as a dependent. Was it as a dependant or beneficiary?

As they weren’t married and she has kept separate finances, she will not be entitled to an ongoing dependants pension. For unmarried partners you need to prove that you had joint finances, etc, usually for a minimum of 2 years. By keeping his contributions untraceable, she’s made that impossible.

The death grant is different, it’s a one off lump sum. If she’s not been nominated as a beneficiary for this, then she won’t be entitled to it, and it should go to you and your siblings. Give the paperwork a proper check.

I know it’s hard to keep afloat with all the things going on, but you are doing a good job of it. Keep contact to a minimum with her and when it’s all over wave her goodbye.

Yes I've only just read about this today. He listed her as a dependant but I'm guessing as she purposely kept a financial distance when it came down my dad, she kept everything in her name, shes going to struggle to prove it. The only thing his name is on is his own personal bank account, so I think she's going to really struggle to prove any dependancy she has. After seeing his bank statements though, he did make several cash withdrawals per month. I'm guessing he made these to pass onto her for utilities etc, so maybe if she could prove this she could apply that, but having said that, I know she's very comfortable. She was loving alone when my father met her so I know she's not going to struggle financially.

OP posts:
GrainyPhoto · 29/06/2026 15:27

An unsigned and unwitnessed will is invalid in England and the law of intestacy has to be applied - Wills Act 1837.

Treesaregreen82 · 29/06/2026 17:43

OpalSpirit · 29/06/2026 10:13

I am so sorry for your loss, really, it is so difficult.

I am in the middle of dealing with an interstate estate which is very complicated and exhausting.
We also have shady characters demanding things be done differently.
You have my sympathies .
So crazy that when you are at your most vulnerable and deep in grief, you suddenly have to become an expert in estate law and a diplomatic genius.

Also shocking what the people around you ,who are supposed to love the one lost, will do when it comes to money.

Follow interstate law exactly, you actually have no choice it is laid out very clearly.

Yes it's crazy how some people act around money isn't it! I can't imagine how you are feeling having to navigate a complex estate. I wish you luck. Let's hope it's over and done with ASAP!

OP posts:
Treesaregreen82 · 29/06/2026 17:54

Musicaltheatremum · 29/06/2026 11:38

@Treesaregreen82
The trouble is OP, You could choose to do what's in the unsigned will as you're a nice person...BUT it's not only about you as you have an estranged brother who, because your dad died intestate has a claim on the estate. Therefore he could appear at any time (I'm not sure of the timescales, in Scotland you have 20 years to claim your legal rights in a will, not even intestate) and legally ask for his share ...you say "oh I gave it to the partner as dad's unsigned will said this' so he then says he wants his share and can go after the partner and you...
So you tell the partner that because the estranged son is entitled to a share in his estate you legally can't hand put the money.
Stay strong. And I'm sorry for your loss.

Exactly this! I have to do what's legal in order to protect myself and my family. It's not a choice for me it's, a legal obligation which could have serious repercussions. I think she's now just expecting me to leave the money in my dad's account indefinitely until I can find my brothers and convince them to sign a deed of interest to legally give her their inheritance. I don't want to do this either as ots just dragging the whole thing out and giving me anxiety.

OP posts:
Gardenisablooming · 29/06/2026 18:01

Open a separate account and keep the money there for your db. After the funeral i would be blocking the money grabbing bitch.

EBearhug · 29/06/2026 18:04

You've told the bank? With my parents, accounts were locked from informing them of the deaths until we could bring in a copy of the will, or something official, I assume in the case of no will, just allowing payments to the funeral directors and then in accordance with the will/intestacy rules.

She can want what she wants. You have to follow the law.

Willowskyblue · 29/06/2026 18:12

Don’t do anything other than to tell her firmly to back off as it’s a family matter.
You must be terribly shocked, with so much to deal with that you don’t need to be dealing with this yet. The fact they approached you the day after your dad died is unforgivable.
When you’re ready, start dealing with it but don’t be pushed into it, and don’t give her the time of day. You don’t owe her any updates and she’s shown her true colours.

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