Inheritance when there is no will

[Theendoftheworld]

I am writing on behalf of my Dad. He is an only child and his father died about 10 years ago without leaving a will. All the estate went to his mother.

He has never had a great relationship with his mother who has told him she will be leaving all her money to charity and other more distant relatives and cutting my Dad out of her will.

Does my Dad have a right to claim on the estate? I understood that when someone dies without a will half is split amongst the children.

My Dad however does want to do this whilst she is still living. Would it be possible for him to claim for half the estate after she dies on the basis that the money should have gone to him from his Dad 10 years ago? Does this overide what she puts in her will?

There's no 'should' about it. People leave their money to who they want and as yet, your DF is bitter because despite being an only child, neither of his parents have in the past, or will in the future be leaving him any. That's highly unusual.
I wonder why?

I am writing for legal advice not opinion. He had a good relationship with his Dad who died unexpectantly without leaving a will. His Mum was abusive and despite this he does not want to take half his Mum's money when she is alive (although maybe legally entitled to do so from what I have read).

@cptartapp

There's no 'should' about it. People leave their money to who they want and as yet, your DF is bitter because despite being an only child, neither of his parents have in the past, or will in the future be leaving him any. That's highly unusual. I wonder why?

What an appalling comment to make. You should be ashamed.

Hi, after 10 years I would think its too late, but have you done an internet search on rules of intestacy because it depends on how much his Dad's estate was worth, as to what his Mum is entitled to and any surviving children.

Where are you op? How much was in dads estate? If not excessive, in England would all pass to NOK which would be spouse. Once passed it become legally hers so wouldn't be possible to revisit the distribution of dads estate. Likewise, when his mum dies, if she bequeaths everything to a charity (including the portion of her estate that she inherited from dad) that's perfectly legal. Your DH could challenge her will after her death, but success is usually based on proving that he was financially dependant on her prior to death, and that failure to inherit has caused financial hardship. Sorry - I know it's not what you want to hear!!

Sorry, DF not DH!!

We are in England. The estate is probably around £750k. My reason for asking is that I read

www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/
'If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £270,000, the partner will inherit:

all the personal property and belongings of the person who has died, andthe first £270,000 of the estate, and half of the remaining estate.'

So the children should inherit half the remaining estate. I am just not clear if there is any timescale for this.

I think you might need to speak to a solicitor then for proper advice, why did he not do something at the time though?

Why has he left it 10 years? You’re right in that he should have had some money if the estate was worth over £270k but that won’t automatically include the value of the home.

Is the estimate of £750k relating to assets all in his sole name only, or are you including assets held jointly with his DM? If the former, you are correct although I'm amazed that this wasn't addressed at the time - surely DM would have taken legal advice with estate if that size? If you are including, say, a house worth £500 held jointly with DM as joint tenants, that part would not be included in his estate.... it may be worth you ordering a copy of the Grant of Letters of Administration (equal to probate where there's no will) and you'll then see the total value of the estate & decide your next move....

I think he should get in touch with a solicitor - it's only fair that he gets his inheritance from his dad.

He does not want to do anything whilst his mum is still alive as despite their poor relationship he feels if would be wrong to take money off her now. Most of the money is in the house and he does not want to kick her out although from what yousay that wouldn't happen anyway?

The estate is probably around £750k
What are you assuming is included in the estate? The house and cash in joint bank accounts are unlikely to form part of his estate because they were probably jointly owned with his wife, not solely owned by him.

Most of the money is in the house
The house probably won’t be part of his estate. It was most likely jointly owned with his wife, so upon his death her joint ownership automatically converted to sole ownership.

I think the house was only in my grandad's name. Around £500k of the £750k was the house.

If his father's sole assets were over £270k then he would have had a claim. 10 years ago. Too late now.

However I assume that the father owned the house as a joint tenant with his mother in which case the house passes solely to her legitimately and is hers to do with what she wants in her will.

Again assuming that the fathers sole assets were less than £270k the lot has legitimately gone to the mother. Again hers to do with what she wants.

Unless your dp is financially dependent on his mother he has no claim on her estate.

Your understanding of what happens when someone dies without a will is wrong.

Any property that was owned as joint tenants would have automatically passed to your grandmother. Any joint bank accounts would similarly have been hers automatically as would his personal property. None of these would have formed part of your grandfather's estate. Your grandmother would also have been entitled to the first £250,000 of his estate. Anything over that should have been split with half going to your father and your grandmother getting a life interest in the other half, meaning that she received the income from that part of the estate with it passing to your father on her death.

If your father should have received something when your grandfather died it is unlikely he will be able to claim that now. However, if your grandmother only has a life interest in part of your grandfather's estate that part of his estate will pass to your father on her death regardless of anything in her will. It isn't hers so it does not form part of her estate.

If your grandfather's estate was no more than £250,000 it is all your grandmother's and she can do what she wants with it. Your father could make an Inheritance Act claim but, as he is presumably not financially dependent on her, such a claim is unlikely to succeed unless he is living in poverty.

If his wife lived in the house with him as their main residence then it automatically becomes an asset of the marriage, even if it was solely in his name.

I think the house was only in my grandad's name

That would be unusual but you can I think check land registry.

I still think he's out of time though - think it's six years to lodge a claim.

Thanks very much for that explanation, it makes a lot more sense than what I read on the cab website. Will have a chat to my Dad....

@Rhodri

If his wife lived in the house with him as their main residence then it automatically becomes an asset of the marriage, even if it was solely in his name.

In the context of OP's question about inheritance the point you make is meaningless.

Wrote that 3 hours ago and got distracted!

If the estate was around £750k, £250k would have gone direct to your grandmother (NOT £270k - that is the current figure, not the figure for 10 years ago). Of the rest, £250k should have gone to your father. It is almost certainly to late to claim that now. Your grandmother should have received a life interest in the remaining £250k which will then pass to your father on her death regardless of anything it says in her will.

This assumes the house was owned by your grandfather. If it was owned by both of them as joint tenants it would have passed to your grandmother on his death automatically and would not have formed part of his estate.

@Rhodri

If his wife lived in the house with him as their main residence then it automatically becomes an asset of the marriage, even if it was solely in his name.

As Collaborate says, that would be relevant if they divorced. It is irrelevant for inheritance purposes. If it was solely in his name it was all his and all of it went into his estate.