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Original poster

Inheritance dispute

30 replies

threesenoughthanks · 17/02/2021 00:45

I'm going give as much of the story as I can but may alter a few details.
I am the eldest of four siblings. The other three all moved away many years ago and I have always cared for my parents. My mum died a couple of years ago so just my dad left. Two siblings have had no contact with our parents in over twenty years. One has a little contact (phone calls and visits once or twice a year)
My dad had a recent cancer diagnosis and now lives with me and my family. He has decided to change his will to leave his half of his property to me in his will (the other half taken up by my mum's care home fees)
Now the problem. There has always been a family rumour that my dad was not actually my dad. He totally denies this but to be honest I think it is true he isn't.
My sister isn't very pleasant. Could she contest the will on the basis that he isn't my real dad?
Thanks for reading all of that Smile

OP posts:
MarieG10 · 17/02/2021 07:07

I don't understand why he is leaving half his estate for care home fees when your mum has died?

PracticingPerson · 17/02/2021 07:10

You need legal advice really. You can call a solicitor and have a free consultation. You won't get accurate answers without details and I understand why you want to keep it a bit vague!

Soontobe60 · 17/02/2021 07:15

I assumed that he has to pay the fees from when she was alive as the house couldn’t be sold at the time due to him living in it.

OP, your father can do whatever he likes with his money. You have been brought up as his child, and he has always been ‘dad’ to you. Your sister is being money grabbing and hurtful.

There’s some good advice here. Also, make sure his will is watertight - has it been drawn up and signed correctly? www.the-inheritance-experts.co.uk/contesting-a-will/

Frenchfancy · 17/02/2021 07:16

If he leaves it to you it makes no difference what your DNA is (assuming you are in England)

VanCleefArpels · 17/02/2021 07:16

If his will is valid the issue of your parentage is entirely irrelevant. The only way anyone can claim on an estate is if they had a reasonable expectation of being provided for after the person’s death. This is fantastically difficult to prove.

alanpartridgefromtheoasthouse · 17/02/2021 07:17

I wouldn't have thought the courts would care whether there is a biological connection as long as the will is clear. I agree that legal advice is your best option.

Watchitgrow · 17/02/2021 07:19

No. As long as the will doesn’t say something like “my eldest daughter” rather than your name (which would be weird anyway) you will be fine.

RandomMess · 17/02/2021 07:27

Get him to make this via a will solicitor do it can't be contested. You need to be named and he needs to state that he is choosing for his other DC to not inherit.

@MumbleChum on here has her own firm Marlowe Wills and is excellent and reasonably priced.

He could leave his money to a cats home if he chose to!

Mix56 · 17/02/2021 07:46

You know this will cause a irredeemable rift between you & your sisters. Not that they sound bothered. Just be ready for the venom

badpuma · 17/02/2021 07:53

@PracticingPerson

You need legal advice really. You can call a solicitor and have a free consultation. You won't get accurate answers without details and I understand why you want to keep it a bit vague!
Some solicitors offer a free initial consultation but not all. It is usually a fact finding exercise rather than any meaningful advice.

Op - could you clarify about your mum's care costs? Why does this reduce the value of the estate now?

justanotherneighinparadise · 17/02/2021 07:57

He might be better setting up a trust or similar. I would definitely take legal advice.

Collaborate · 17/02/2021 09:07

[quote Soontobe60]I assumed that he has to pay the fees from when she was alive as the house couldn’t be sold at the time due to him living in it.

OP, your father can do whatever he likes with his money. You have been brought up as his child, and he has always been ‘dad’ to you. Your sister is being money grabbing and hurtful.

There’s some good advice here. Also, make sure his will is watertight - has it been drawn up and signed correctly? www.the-inheritance-experts.co.uk/contesting-a-will/[/quote]
If that was the case the house would be disregarded for the purpose of care home fees.

Clymene · 17/02/2021 09:11

I'm pretty sure that a child born within marriage is legally a child of that marriage ie whether your dad is actually your dad is irrelevant if your parents were married when you were born.

But apart from that, children have no right to inherit anything so your sister could content it but she wouldn't get very far

Original poster
threesenoughthanks · 17/02/2021 09:21

Thank you so much for all the replies. Yes my mum built up care home fees to be paid once the house is sold after my dad dies. He has gone through a solicitor and made his will. My only worry is it says he leaves everything to his daughter threes It's so unpleasant I know. Again thank you all for your reassurance.

OP posts:
Veuvestar · 17/02/2021 09:35

If he’s living with you can the house not be sold now?

Original poster
threesenoughthanks · 17/02/2021 09:41

@Veuvestar It's a bit complicated but that's not an option.

OP posts:
RandomMess · 17/02/2021 09:53

Is he named as your father on your birth certificate?

Collaborate · 17/02/2021 09:58

@threesenoughthanks

Thank you so much for all the replies. Yes my mum built up care home fees to be paid once the house is sold after my dad dies. He has gone through a solicitor and made his will. My only worry is it says he leaves everything to his daughter threes It's so unpleasant I know. Again thank you all for your reassurance.
That cannot happen in the state funded system, so either your mum did some form of equity release or you have it wrong.

My mum is in a nursing home with dad still at home in the jointly owned house. The value of my mum's interest in the house is disregarded for the purpose of assessment of my mum's means, and that is because my dad still needs it as a home.

NoSquirrels · 17/02/2021 10:03

What does your birth certificate say? And were your parents married when you were born.

I wouldn’t worry about this.

Original poster
threesenoughthanks · 17/02/2021 10:13

The care home fees my mum built up will be paid once my dad has died and they take up roughly half of the value. My parents were married and he is on the birth certificate.

OP posts:
StockingBlue · 17/02/2021 10:13

He needs a solicitor to do the will so he just needs to make sure that the will is watertight in terms of his wishes.

But since in general a will in England and Wales (where are you?) can only be contested if there has been coercion to change it, or by someone who is dependent in any way (for a roof over their head, for example) it is highly, vanishingly, unlikely that any claim over DNA would be successful.

I too can vouch for Marlowe Wills, and suggest that your Dad (sorry about his diagnosis 😕) gets in with it ASAP. And sorts out POA at the same time.

Original poster
threesenoughthanks · 17/02/2021 10:21

Thank you all again. I think the solicitor he has gone through has been very thorough and it should be fine. It's just a niggle that's always going to be there. Hopefully the cancer has been caught early and he will be okay. I'm going to leave this thread now but thank you all for your wise words

OP posts:
StarsonaString · 17/02/2021 10:28

Legally you are his daughter regardless of biology. DNA is meaningless in this instance similar to if you had been adopted or concieved using a sperm donor.

HeronLanyon · 17/02/2021 10:30

Having recently been executor of a parent’s will with a remote possibility that a sibling may have contested the will I’d just add - from date of probate a will can be contested without leave of court within 6 months of probate date. In this period any distribution would be the personal responsibility of the executor and therefor a personal risk should the will be contested successfully. After 6 months any contest would need separate prior leave of court. And any distributions made after 6 months from probate grant would be the estates’ liability not the executor. For this reason I was advised not to make distributions within 6 months of probate grant as we waited to see if there was any contest.
It’s extremely difficult (and expensive) to successfully the validity if a will but it happens. Friend of mine recently did this - it all ended in a settlement - hugely stressful and expensive but it does happen.
Good luck op. I don’t know anything about a sibling challenging ‘my daughter three’ on basis you aren’t/weren’t his daughter. My uninformed view is that they’d not only have to establish that he was not your father and that had he known that (contradicted by him calling you that) he would have made his will differently (and that they had reasonable expectation and need) and for that you would point to your and his actions during his lifetime.
Get legal advice.
Support - these situations are never easy.

Covidcorvid · 17/02/2021 10:32

If in England I'm fairly sure he can cut whichever of his kids he chooses to out his will.

My mum cut me out and left everything to a neighbour who wasn't a relative of any sort.