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Original poster

Inheritance please help

32 replies

treening · 07/12/2020 21:52

Have NC and trying not to give too much detail here for obvious reasons but really need some advice as head is spinning

Person A is married to Person B. Person A has one DC (Bob) from a previous marriage and then has one more DC (Sue) with person B.

Person A has just died (elderly, ill) and left their whole estate to Person B, with verbal (not written) instructions to Person B that when they died they were to leave the estate split equally between the two DC, Bob and Sue. Person A was advised not to do this when they knew they were ill by relatives because said relatives suspected that Person B would leave it all to their own DC, Sue, and leave their stepchild, Bob, out.

That indeed looks like it is going to be the case as Bob was almost completely shut out from funeral arrangements etc for Person A by Person B. Person B is also elderly and relatively unwell and not likely to live much longer.

Has anyone else been in a situation where a stepparent has left everything to their own DC? Can anything be done?

OP posts:
providentglue · 07/12/2020 22:01

What country are you in?

Original poster
treening · 07/12/2020 22:08

Sorry, I'm in the UK.

OP posts:
providentglue · 07/12/2020 22:10

Urgh. Never mind.

Original poster
treening · 07/12/2020 22:11

Sorry!?!?!

OP posts:
Original poster
treening · 07/12/2020 22:12

Not quite sure how I offended you providentglue

OP posts:
Palavah · 07/12/2020 22:12

@treening you need to specify which UK country, as the law varies. Which country was Person A living in/ is Person B living in.

Are any of you in contact with Person B?

nimbuscloud · 07/12/2020 22:13

Laws in Scotland are different to those in England and Wales I think. So which of those countries are you in?

Arewethereyet21 · 07/12/2020 22:13

The UK has different countries - which one of those did the deceased live in?

paniquer · 07/12/2020 22:13

There are different rules in the countries that make up the UK.

SonEtLumiere · 07/12/2020 22:14

This reply has been deleted

Message withdrawn at poster's request.

Original poster
treening · 07/12/2020 22:15

I'm in England, I'm sorry, I know nothing at all about this and my head is a mess and I'm beside myself about all this. I dont think there was really any need to be rude.

OP posts:
Original poster
treening · 07/12/2020 22:15

It is all England and yes everyone is in contact with Person B.

OP posts:
NoSquirrels · 07/12/2020 22:17

When you’ve cleared up which country, OP, would also help to know the value of the estate, approximately.

Over a certain value it might give different answers to a lower amount.

Generally speaking though, usually the answer is that the child of the first marriage is screwed over. Sorry.

Gazelda · 07/12/2020 22:18

If person A didn't leave a will, then it has all been inherited by Person B who can leave it to whoever they like.

Do you think Sue will offer to share with Bob?

Original poster
treening · 07/12/2020 22:19

The estate is worth approximately 750k.

Do you think Sue will offer to share with Bob?

Almost certainly not.

OP posts:
Original poster
treening · 07/12/2020 22:21

They did leave a will, they left it all to person B but gave person B strict instructions that it was to be split equally between Bob and Sue upon person B's death.

Despite everyone warning person A at the time that verbal instructions meant absolutely fuck all.

OP posts:
NoSquirrels · 07/12/2020 22:23

OK, so for an estate of that size, from gov.uk:

Intestacy - who inherits if someone dies without a will?

The husband, wife or civil partner keeps all the assets (including property), up to £270,000, and all the personal possessions, whatever their value.

The remainder of the estate will be shared as follows:

the husband, wife or civil partner gets an absolute interest in half of the remainder
the other half is then divided equally between the surviving children

MsTSwift · 07/12/2020 22:23

If no will and no spouse your estate passes to your child but not your stepchild. Person B needs to make a valid will leaving estate equally to child and stepchild but they don’t have to do this.

NoSquirrels · 07/12/2020 22:24

Ah, I’m sorry - ignore my post above. I misread and thought NO will, only instructions.

If the will have it all to their spouse, their is diddly squat you can do without a prolonged, costly court situation.

Original poster
treening · 07/12/2020 22:29

Yep thats what I thought

This will destroy Bob utterly. It isn't really about the money.

OP posts:
BlatheringOn · 07/12/2020 22:30

Person A's will states all left to Person B. Person A's will ends there and cannot influence future wills so Person B can then leave it to whomever they choose - for example, all to charity if they so wish and none to either Sue or Bob.
My understanding is that unless Bob is a minor the will can't be contested. My family recently had a similar situation.

NoSquirrels · 07/12/2020 22:31

If they hadn’t made a will at all, you would be in a better position than the will + verbal instructions.

I’m very sorry Flowers

Viviennemary · 07/12/2020 22:34

I think the will could be contested. Don't know how far they'd get though. Its always about the money.

NoSquirrels · 07/12/2020 22:34

@treening

Yep thats what I thought

This will destroy Bob utterly. It isn't really about the money.

This happened to my DH. It really wasn’t about the money, as there was hardly any of it to share anyway. But it was the principle because their dead parent promised one thing but did something completely different. Their will bore no relation to what they’d told my DH and sibling. Very hard to heal that hurt.
BlatheringOn · 07/12/2020 22:35

It's awful. Our Person A caused a massive amount of misery for their adult children. It felt callous and our Bobs are still distraught.

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