Please or to access all these features

Bereavement

Find bereavement help and support from other Mumsnetters. See also your choices after baby loss.

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:
Evenstar · 29/06/2026 18:25

As per PP do make sure there isn’t a death grant attached to the pensions that was assigned to you and your siblings.

SparklesWithSynergy · 29/06/2026 18:32

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

Let her.

There's no money and no will. You follow the law.
Crack on love,

Sunnydaysforevernow · 29/06/2026 19:18

Gently. Some men don’t want to take care of their own financial affairs. That’s what my father did and it was a mess. Or maybe he changed his mind and did not want to go ahead with the will/wanted all his children to receive something. So maybe his wishes were not what he set out in his unsigned will, especially since he knew he was going to die and yet didn’t sign it.

Unexpectedlysinglemum · 29/06/2026 19:28

Don’t give her a penny she doenst need it and was going to make him homeless if she died first. Your dad would have made sure his will was signed if he didn’t want that son to inherit.

jmh740 · 29/06/2026 21:07

First reply spot on. She cant keep everything to herself then expect to gain after his death dont forget she was prepared to make him homeless.

Sorry for your loss and that you have been left in this position.

SwirlyGates · 01/07/2026 20:44

Legally, this is very straightforward. You, as executor, have to administer the estate according to the law, not according to his perceived wishes that didn't make into into a will. As you were told by the bank, if you don't follow the law, you are personally liable. It makes no difference whether your dad's partner or anyone else think they should get money because it's what he would have wanted; he didn't write a valid will and that's that. Every time she asks you, tell her you will distribute the estate according to the law and that you will not make yourself personally liable for any legal problems.

And neither you nor his partner should be paying for the funeral; that should come out of the estate. I would give the partner the £1500 out of the estate, then the rest gets split 4 ways amongst the children. The one you can't trace is tricky; apparently you can get Missing Beneficiary Indemnity Insurance, so as I understand it, after trying all reasonable ways to contact the missing brother, you could distribute his share between you and your other brothers, with insurance to cover you he turns up. I have no experience of this, but it might be worth looking into.,

I certainly wouldn't be asking any of the brother(s) to hand over their inheritance to the partner. Why would they and why should they? If they don't want it, it should surely be split between the other legal heirs.

VWT7 · 01/07/2026 21:02

Please tell her to back-off completely
Tell her you are grieving.
(With hindsight and experience - decisions that you might make now in haste or feeling under pressure from this woman (re offering her money) you will live to regret)
Pause
Looking after yourself and giving yourself time is what’s important now for your health.
The finances can wait, for months, for a year, there will likely be nothing spoiling, money can likely just sit in your DF accounts - there is no rush with this.
I would let things settle over months with no deadline.
Keep a hardback book - and jot down lists of things you need to do as you think of them, take your time, just do one thing a day - it can all wait.
Tell her you will not be discussing finances, tell her it will likely be 2 years.
Don’t offer money because you feel under pressure as a result of her actions.

Thingamebobwotsit · 01/07/2026 21:05

@Treesaregreen82 first and foremost I am so sorry for your loss. I hope you are finding time to rest in amongst all this distress.

As others have said, you need to follow the legal process to the letter. Intestate is comparatively simple so keep it that way and don'tbe drawn into someone else's drama. The overwhelm is real, and it is hard, but try and keep a cool head where you can. Don't pass any more financial details over to his partner, check the position of his pensions and do your best to split his funds fairly. That is all you can do. It isn't your fault your Dad didn't finish his Will. That was his decision. There may be a hundred reasons why he didn't too. You will never know, but maybe he made the decision to leave it to all his children and couldn't bring himself to tell his partner. Particularly if he got wind of the fact there was nothing for him, on her passing. It wouldn't be the first time something like this has happened.

What I will say, is that if all your efforts to contact your brother were before your Dad died, it is worth trying again. Sometimes family relationships are complicated and just maybe he could be more willing to step forward now.

Good luck

New posts on this thread. Refresh page