Inheritance dispute

[Alltoooooomuch]

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?

Wow, nice grandma . To be crass for a moment, is it worth taking legal action? Did your ex have enough assets that there will be a substantial amount after solicitor's bills? If so, I'd get lawyered up asap and hope that the prospect of legal action gives his mother pause thought.

I often wonder why people are so convinced a will is such a good thing. Of course a regularly updated will is a good thing but people put these things off and leaving it to the intestacy rules would work well in most standard situations. Different if you have a complex family situation or a lot of money but for most people?

For example here. Before he had children, his estate would have gone to his parents, which presumably is what he wanted, as that's the will he wrote. Once he had a child it would have gone to his child without him needing to change anything.

It’s definitely worth taking legal here.

Also check with his employer. If he had a workplace pension or work life assurance then that may go to his child. We had a case at work recently where a man died having never updated his beneficiary details (his brother was the beneficiary) and the mother of his child raised a claim and we gave the life assurance payout and the child's pension to the child.

Do you know any details about the will?
Who is the executor? Has probate been applied for? Solicitor?

You can stop a probate application with a caveat, but you’re not contesting the validity of the will, so I think the way forward is to make a claim on behalf of your son. And yes, if your ex had any sort of death in service benefit or pension, the trustees will consider a claim.

Has the estate already been distributed? Who are the executors?

We know nothing of the circumstances. We don't even know if the father had regular contact with the child. For all we know, he didn't want to child, never met him and only paid maintenance because he had no choice. Maybe he did intend for his whole estate to go to his mum.

OP, just seek advice from a solicitor.

Also, her not wanting to discuss the will with OP doesn't forcibly mean she won't leave anything for her grandson. Maybe she is planning on setting up a trust, but doesn't want OP involved in it.

See a solicitor! You may have grounds for contacting the will, if you were financially dependent on your ex, but you need to do it quickly. There are lots of 'no win, no fee' solicitors around.

Also see www.gov.uk/alter-a-will-after-a-death

See a solicitor, your son is a dependant. There is a good chance there will be a settlement if you challenge the will on his behalf. But do it quickly.

How does that “grandmother” live with herself ?🙄🙄

You can lodge a claim under the Inheritance Act on behalf of your son but you need to do it quickly. You only have 6 months from probate being granted.

His estate should be liable for child support at the very least. Contest it, and get legal advice immediately, preferably before probate.

@vivainsomnia

We know nothing of the circumstances. We don't even know if the father had regular contact with the child. For all we know, he didn't want to child, never met him and only paid maintenance because he had no choice. Maybe he did intend for his whole estate to go to his mum.

OP, just seek advice from a solicitor.

Whether he had contact or not is irrelevant.

He had a dependent child and paid maintenance so the child automatically has a claim on his estate, even if the will was written after the child was born.

There are at least 2 lawyers on here explaining that the child has a claim against the estate as a dependent. Ignore all those that have come on to a legal thread to give duff info. See a probate lawyer and explain your ex's dependent child is excluded from the will.

@prh47bridge

You can lodge a claim under the Inheritance Act on behalf of your son but you need to do it quickly. You only have 6 months from probate being granted.

Thank you, that's really useful to know. I hadn't realised it had to be done that quickly.

@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.

How is it crass for a dependent to expect to be considered closer kin to his parent?

Actually as your child’s mother you are under a duty IMO to proceed with this for your child’s benefit. You will almost certainly succeed. Book an appointment this week

It goes to your dc. Go see a solicitor pronto before his mother spends it.

Work our what the maintenance would be up until the end of his 18tb year and ask his mum for that now?

His mother really shouldn't take anything from his estate. It should all go to his child. I can't imagine taking money in that situation.

Whether he had contact or not is irrelevant
It is irrelevant to OP's action but not irrelevant to reason why he might have not changed his will.

I assume a judge would have to consider the needs of the child but also take into account what his wishes were, so there might be circumstances where it might not just be a straight case of being entitled.

What a grandmother!
If it's possible, after discussing the position with a solicitor (I can recommend the one I used who was very experienced and caring and got a successful outcome), I would arrange to meet with the gm and try to have a calm discussion. Calmly explain the facts (as the solicitor has advised you of) and that you will have no choice but to pursue on behalf of your/his child. Further explain that all legal expenses could very well come out of the estate...and let her digest that! Good luck - your child is entitled to support.

@MsTSwift

It’s definitely worth taking legal here.

Especially given that half the people posting on here are unable to grasp that there is a will!