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Original poster

Inheritance dispute

51 replies

Alltoooooomuch · 15/08/2021 13:32

My ex partner recently died unexpectedly. We have one child together DS (11) but my ex hadn't updated his Will so his estate has gone to his mother.

She's refusing to discuss any settlement for DS. Where does he/I stand with disputing the Will?

OP posts:
Booboosweet · 15/08/2021 15:15

Were you married?

dazzlingdeborahrose · 15/08/2021 15:22

I believe a claim can be made on behalf of your son as a dependent but you should seek legal advice

thecapitalsunited · 15/08/2021 15:25

You should seek proper legal advise at the first opportunity. Dependants like children can ask the courts to change a will if reasonable provision hasn’t been made for them but like anything involving a court, it will probably be time consuming and expensive. Plus it will eat into the estate itself if the will is defended.

One thing that you might be able to do is claim your ex’s death in service benefit. This often sits outside the estate because it’s held by trustees. If you inform them that your ex has a child then they have the discretion to change who receives that payout.

Fullofglee · 15/08/2021 15:25

The money is hers she's next of kin your an ex and not married op it would be crass to go for money he left. His mother might set something up for your ds.

Warmduscher · 15/08/2021 15:34

@Fullofglee

The money is hers she's next of kin your an ex and not married op it would be crass to go for money he left. His mother might set something up for your ds.
I think when someone died intestate the beneficiary is their child or spouse as next of kin. It’s only if there is no child or spouse that the estate goes to the parent or other relatives.

OP, maybe the solicitor who dealt with probate is unaware your ex had a child. Agree with pp - get legal advice as it sounds like his mum is hoping you won’t pursue it if she refuses to discuss it.

FleasInMyKnees · 15/08/2021 15:39

Look up intestate rules, it looks like it goes to the child, not his mother. You cannot dispute the Will as there isn't one, get in touch with your solicitor, who handled his affairs and said the money goes to his mum,

Starlitexpress · 15/08/2021 15:41

I thought, depending on the size of the estate, it would all go to his child. You need a solicitor ASAP as it may be the original solicitor isn't aware (or has been told) that there is no children.

PennyRoyal · 15/08/2021 15:44

IOP said there is a will, just he hadn't updated it. Get some legal advice OP, if you had been married to your ex, his will may have been invalidated on marriage. If you are now divorced, you likely won't have a claim but your DS may do. If you were never married, his will will stand. But again, your DS might be able to contest. Definitely seek some advice.

SirVixofVixHall · 15/08/2021 15:44

I agree, you need a solicitor.

AdoraBell · 15/08/2021 15:46

Definitely get legal advice.

fakeplantsdontlookreal · 15/08/2021 15:52

You say that he had a will so he wasn't intestate, he had a will that left everything to his mother.

You can challenge it on behalf of your child, on the grounds that the child was not deliberately excluded, but it could cost you.

Your child isn't automatically entitled to anything sadly.

You should get proper legal advice on this.

Measureformeasure · 15/08/2021 15:56

Solicitor here. You can make a claim on your son's behalf under Inheritance (Provision for Family and Dependants) Act 1975. Get an appointment and get advice ASAP.

Starlitexpress · 15/08/2021 16:03

Sorry, misread that there was a will!

BruceAndNosh · 15/08/2021 16:08

Are you in Scotland, England or elsewhere?

Original poster
Alltoooooomuch · 15/08/2021 16:11

@Fullofglee

The money is hers she's next of kin your an ex and not married op it would be crass to go for money he left. His mother might set something up for your ds.
Crass, are you kidding?!

He was paying maintenance so anything I could have saved for Uni fees etc will now be spent on heating, food etc.

No we weren't married, and I'm not looking for anything for me just for DS.

OP posts:
Original poster
Alltoooooomuch · 15/08/2021 16:11

@BruceAndNosh

Are you in Scotland, England or elsewhere?
England
OP posts:
MaryGubbins · 15/08/2021 16:14

In Scotland the son has an automatic claim on 1/3 of any money (not shares, not property). I think this is classes as moveable estate.

MaryGubbins · 15/08/2021 16:14

Sorry, cross posted.

SunshineCake · 15/08/2021 16:15

It is clear that @Alltoooooomuch would like some support for the child and isn't expecting any money for herself as the ex. As the child was defendant on the money her father laid her mother then I do think a call to a solicitor is worth the time to see where you stand in supporting your child. It feels from your post you don't think the mother will offer anything for her grandchild .

FrangipaniBlue · 15/08/2021 16:19

I can't work out if your ex died intestate or you mean he had a will that left everything to his mum?

If he died intestate your son is his legal next of kin, not his mother and therefore she is entitled to nothing.

If he had a will leaving everything to his mother you can legally challenge her on behalf of your son as in England, parents are required to leave provision for dependant children.

FrangipaniBlue · 15/08/2021 16:21

I double checked the intestate rules on the .gov website, here's a screen shot

Inheritance dispute
IveGotASongThatllGetOnYNerves · 15/08/2021 16:22

If the will was made before your son was born then would you have a claim on the grounds that it was not updated?

ExpressDelivery · 15/08/2021 16:24

@FleasInMyKnees

Look up intestate rules, it looks like it goes to the child, not his mother. You cannot dispute the Will as there isn't one, get in touch with your solicitor, who handled his affairs and said the money goes to his mum,
There was a will, that's the problem. If there there wasn't the money would all go to his son.

I think you can challenge the will on behalf of your son, as a dependant, but you'll need legal advice.

MsTSwift · 15/08/2021 16:26

Seek advice - your son as a dependent is in the category of people who can make a claim under the act stated above by a correct pp.

BruceAndNosh · 15/08/2021 16:27

Why do people keep quoting intestacy law?
The OP mentions a will in her first post.

A Will is invalidated by marriage but not by birth of a child