Think Mum kept all deceased Dads money and didn't use his will

[urbanspaceman2014]

Dad died few years ago and mum was very unapproachable and defensive/paranoid at the time (still is really, so can't ask her). My sister once asked about his will and was shot 'a look' and shortly told that everything went to her (my mum).

I am pretty sure she got everything by survival though joint accounts and house being in both their names and didn't use his will at all.

He had a will because I remember them saying they were going to the solicitors to change their will after my brother died. My sister was named as executor in first will (before brothers death) but don't know about when it was amended.

I am really curious to know what was written in his will, there must be some things he wanted us to have, regardless of money and property?

When she sold the house and moved somewhere smaller she said that she was going to pay our mortgage off (£100k) which makes me think she knew there was something in dad's will about that. She went back on the offer a few weeks later anyway and said she had to think about herself first. This did piss me off and it would completely change our lives to be mortgage free. We didn't ask for anything!

I thought a person's will had to be followed, but it seems to have been completely ignored and I don't know how to see his will without asking her.

Surely all would just go to your mother, as they were married and so co owned everything?
I don't understand why you would think you would inherit money before her death.

The OP's mother wouldn't have been able to sell the house or access any bank accounts unless they were in joint names in a joint tenancy. As she did sell the house, you can take it that she inherited it as a surviving joint tenant.

Ditto any money. Banks don't just hand it out.

I suppose it is possible the OP's dad had 20K under the mattress in cash and said in his will it should be split between his children, but that is fairly unlikely.

What is more likely is the spouse, as happens in most cases, inherited everything.

OP your dad's assets were joint assets in a marriage. Unless he was extremely wealthy it would be unusual for him NOT to leave everything to his spouse. When my dad died, mum got everything. We only did a grant of probate for a tiny amount over the limit in one account - everything else went by right of survivorship. When she died, my sis and I split it. It is actually good planning not to need to take out a grant of probate - those aren't cheap.

We didn't need probate when my father died as I was the sole beneficiary (and the executor) as his only child. There was no need to question who would inherit anything. When my mother died (about ten years before Dad) no probate was required then either as they had shared ownership of everything, and it automatically went to him.

If property etc, is in joint tenancy names, then you cannot just give that portion of the property to another person, it automatically becomes the property of the surviving party upon their death. If property is owned as 'tenants-in-common' then they may sell or give away their share of the property. Joint tenancy is the default agreement for people in a relationship to own property. Tenants-in-common is used is a couple of friends pool together to buy a property, for example. www.gov.uk/joint-property-ownership/overview

OP unless you genuinely suspect your father had other assets that were not in joint names, then I would assume your mother inherited everything. And why would you begrudge her inheriting from her husband, your father? To start sniffing around for money when your mother is still alive seems really off to me, sorry.

I agree that the most likely scenario is that the will left everything to your mother.
If your father was extremely wealthy and you have good reason to suspect he would have left you a life-changing sum, which he would only do if there would be enough for your mother to be completely secure and comfortable for the rest of her days without it, then by all means pursue this. The best route would be to speak to your father's solicitor to tell them you suspect that their client's will was not followed.

But only go down that path if you are ok with being cut out of your mother's will, because that will be the obvious and probably inevitable consequence.

Op do you like your mother? This post is rather odd and upsetting ,of course she should keep all your fathers money as it was jointly hers.

You don't need a will if you are married it is all yours.
If your father wanted you to have a special item then ask your mum again, or ask to see details of will.

Money wise and re your mortgage, it all belongs to your mother now.. Would have thought that was obvious. She is under no obligation to pay off your mortgage for you whatsoever unless there is something you haven't told us.

As in if they were married it is all hers obv

Why do you feel entitled to the money

Sorry Idiotdh, I need to correct that because you said "you don't need a will if you're married it is all yours".

The situation has recently changed, but if there are children the spouse only gets £250,000 automatically and the rest is split.
This Guardian article explains it well I think.

Of course in many cases, like this one, the spouse will get everything but that's not because they're married, it's because all their possessions are held jointly and travel outside the will.

It doesn't sound like you like your mother much, why on earth would you go behind her back to check the will when she was his spouse. Of course it would go to her, they were married and a partnership.

It sounds very grabby and I would be devastated if DS did this.

I don't think the op sounds grabby - she says she is not looking for money but maybe there is something special her father left her.

Lady
Does that mean if you have savings above 250,000 and it is in individuals name, not all will go to spouse?

As others have said if the house was a joint tenancy and any cash was in joint accounts, it would automatically go to his wife, regardless of any will.

It's not unusual for married couples to make a joint will whereby everything goes to the surviving spouse on the first death and the will covers the distribution of their assets on the second death. Personal possessions are often dealt with in this way - he might have said where he wants them to end up but his wife keeps them in the meantime.

If there's a memento you'd like, can't you ask your mother?

Idiotdh, that's true if someone dies intestate, unless the savings are in joint accounts. If they have their own assets (not owned jointly with the spouse) valued at over £250k. In that case, the spouse gets the first £250k, plus half of the remainder and the other half of the estate over £250k is split equally between the children. The children can't have it until they're 18 though.

Any change after the death of your brother could have been to provide for his children (if any) in the event of your parent's deaths rather than bequeathing money equally to you and your sister. My parent's will left everything first to each other, then to my brother and I as heirs after both of their deaths. However, when I had my first child their wills were amended so that if I pre-deceased them the share that would have been mine would go to my surviving children rather than all to my brother.

I don't understand why you seem to resent your mother inheriting the money that she and her husband worked for and saved. It may have been that she intended to pay off your mortgage (as a gift) but then realized that she was not in the financial position she originally expected to be. Did she also offer to pay your sister's mortgage off and then renege on that?

I agree Across, I'd be and quite uncomfortable if my father did anything other than leave everything to mum.

IMO my parents did their bit by raising us capable to earn our own living and manage our own money. I hope it's all spent by the time they go.

Me too Alias. My mum is now in an assisted living facility which are pretty expensive over here and medical insurance doesn't pay for. Although Mum & Dad managed to put a goodly amount by, Mum will have to start pulling out capital relatively soon. We figure she'll be OK for the next 10 years if we manage her money frugally. She's 92 but could easily live to 100 based on family history & health.

I would be sick if I thought that she wouldn't be able to pay for her own care because she had given me a big chunk of her money.