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Legal matters

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Original poster

Oh fuck what is going to happen?

541 replies

notahappybunny7 · 10/09/2023 23:23

My mum has passed away. She has left everything in her will to me(house paid(220k and about 50k in savings)
no other siblings off my mother but my dad has 4 more(no relationship with them)
they're married have been for 40+ years but he’s a twat who’s never worked properly, my mum has grafted her arse off to pay mortgage and ct, he has paid utilities and food, well the basics my mum alway bought her lunches and any luxuries. No joint accounts ever.
I’m not money grabbing it my mum wanted this for me and my daughter, to better our lives, he is saying he’s not moving and will contest the will. What will happen?

OP posts:
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Original poster
notahappybunny7 · 10/09/2023 23:24

What legal grounds does he have? So many typos on thread!

OP posts:
Babyroobs · 10/09/2023 23:24

Is the house in their joint names?

Original poster
notahappybunny7 · 10/09/2023 23:26

Babyroobs · 10/09/2023 23:24

Is the house in their joint names?

No. All my mum

OP posts:
Hellsbellsandspidersankles · 10/09/2023 23:28

Were they still together when she died?

Original poster
notahappybunny7 · 10/09/2023 23:30

Hellsbellsandspidersankles · 10/09/2023 23:28

Were they still together when she died?

yes, she had wanted to Lea for many years but coercive control. 😢never reported sadly

OP posts:
Original poster
notahappybunny7 · 10/09/2023 23:31

notahappybunny7 · 10/09/2023 23:30

yes, she had wanted to Lea for many years but coercive control. 😢never reported sadly

Show quote history

Leave! Sorry, so upset

OP posts:
Babyroobs · 10/09/2023 23:32

She may have paid the mortgage but he paid for other things. It does seem unfair that he can just be made homeless after a long marriage. I would think he has good grounds for contesting it but I am no legal expert that is just what common sense tells me.

Comefromaway · 10/09/2023 23:32

a lot will depend on various things.

were they still together, was he financially dependent on her?

did your mum make her Will with a solicitor. If so they should have asked and explained about potential dependents claims and should hopefully have used watertight wording.

but I think you need a solicitor.

Hellsbellsandspidersankles · 10/09/2023 23:32

notahappybunny7 · 10/09/2023 23:30

yes, she had wanted to Lea for many years but coercive control. 😢never reported sadly

Show quote history

Did she own the house already when they got together?
it’s a strange situation.

SaveMeFromMyBoobs · 10/09/2023 23:35

I'm not a lawyer, hopefully one will be along soon to confirm, but I believe he can contest and will likely win (though costs may mean the whole estate is basically gone). As a spouse, especially if he lived in the house, he's entitled to a settlement because he would have had they divorced. Not to say he'd get everything, but if he has few assets and was dependent on her he'll be awarded something. I'd get proper legal advice ASAP.

Original poster
notahappybunny7 · 10/09/2023 23:35

Babyroobs · 10/09/2023 23:32

She may have paid the mortgage but he paid for other things. It does seem unfair that he can just be made homeless after a long marriage. I would think he has good grounds for contesting it but I am no legal expert that is just what common sense tells me.

He won’t be homeless, he just can’t expect to stay in a home he has contributed nothing to. We have to pay utilities in a house share!

OP posts:
Original poster
notahappybunny7 · 10/09/2023 23:36

SaveMeFromMyBoobs · 10/09/2023 23:35

I'm not a lawyer, hopefully one will be along soon to confirm, but I believe he can contest and will likely win (though costs may mean the whole estate is basically gone). As a spouse, especially if he lived in the house, he's entitled to a settlement because he would have had they divorced. Not to say he'd get everything, but if he has few assets and was dependent on her he'll be awarded something. I'd get proper legal advice ASAP.

Not dependent, on benefits, aa due to Ill health

OP posts:
Babyroobs · 10/09/2023 23:37

notahappybunny7 · 10/09/2023 23:35

He won’t be homeless, he just can’t expect to stay in a home he has contributed nothing to. We have to pay utilities in a house share!

Show quote history

You say he paid utilities and food ? Was this for both of them or just his share ? Is there other property ? Where will he live?

Chocolatesandroses · 10/09/2023 23:37

I don’t think it matters if he has paid or not , or if the house is in his name . At the end of the day no matter what their relationship was they were still married and he can defiantly claim .

Original poster
notahappybunny7 · 10/09/2023 23:37

Hellsbellsandspidersankles · 10/09/2023 23:32

Did she own the house already when they got together?
it’s a strange situation.

Show quote history

No married for many years when they got this house, workshy cunt didn’t want the mortgage so just in my mums name

OP posts:
determinedtomakethiswork · 10/09/2023 23:38

What was the housing situation before they married? Do you have messages from her about coercive control?

Sleepwhatsthazzz · 10/09/2023 23:39

In my family the man 'got his time in the house' meaning that he got to live in the house until he died, then it all went to who was named in the will

Original poster
notahappybunny7 · 10/09/2023 23:39

Chocolatesandroses · 10/09/2023 23:37

I don’t think it matters if he has paid or not , or if the house is in his name . At the end of the day no matter what their relationship was they were still married and he can defiantly claim .

But claim what? Half of everything? Mums savings were from her parents (inheritance) that’s not a matrimonial asset???

OP posts:
SaveMeFromMyBoobs · 10/09/2023 23:39

notahappybunny7 · 10/09/2023 23:36

Not dependent, on benefits, aa due to Ill health

Show quote history

He was dependent on her for housing. It's the marital home, whoevers name it was in. He has rights, and had they divorced he would have been awarded a fair share of assets irregardless of whose name they were in.

DelphiniumBlue · 10/09/2023 23:42

You need proper legal advice.
presumably you are the executor and so can make a start on getting the paperwork ready for a the grant of probate.
I see a couple of potential issues: it may be that inheritance tax is payable and if the house has not been left to your dad it may have to be sold to pay it, depending on the value of the estate. And then in order to sell it you will have to get your dad to move out. If he refuses to move, you will have to take court proceedings to make him do that.
If no IHT is due, you could leave him living there , although you might want to get some agreement set up that he has to pay maintenance and bills. I can’t see how your half siblings would be able to claim.
If you leave it to your dad to pursue a claim against the estate, he might be able to argue that as a dependent of your mum, he is entitled to something. I don’t know if that argument could succeed, it might if she was supporting him.
This is complex and you do need proper legal advice.

Fleur02 · 10/09/2023 23:42

notahappybunny7 · 10/09/2023 23:35

He won’t be homeless, he just can’t expect to stay in a home he has contributed nothing to. We have to pay utilities in a house share!

Show quote history

I’m sorry for your loss.

He’s never paid for any of the bills, helped with decorating it, paid towards repairs or the like?

These can all be used as evidence of contributing to the value of the home.

Original poster
notahappybunny7 · 10/09/2023 23:43

Babyroobs · 10/09/2023 23:37

You say he paid utilities and food ? Was this for both of them or just his share ? Is there other property ? Where will he live?

Show quote history

He can’t live in 220k home when I could put him in a flat. The home isn’t suitable for his needs, lots of stairs and he is aging. Yes he paid 200 pm v my mothers contribution of 500pm how is that fair.

OP posts:
Original poster
notahappybunny7 · 10/09/2023 23:44

Fleur02 · 10/09/2023 23:42

I’m sorry for your loss.

He’s never paid for any of the bills, helped with decorating it, paid towards repairs or the like?

These can all be used as evidence of contributing to the value of the home.

Show quote history

He has never legitimately worked. Cash in hand. No proof he paid for any of those things.

OP posts:
Fleur02 · 10/09/2023 23:44

notahappybunny7 · 10/09/2023 23:43

He can’t live in 220k home when I could put him in a flat. The home isn’t suitable for his needs, lots of stairs and he is aging. Yes he paid 200 pm v my mothers contribution of 500pm how is that fair.

Show quote history

Do you want advice on what people think is fair, or on what the law says?

He’s just lost his wife, is it fair that you now want to evict him from his home?

Fleur02 · 10/09/2023 23:45

notahappybunny7 · 10/09/2023 23:44

He has never legitimately worked. Cash in hand. No proof he paid for any of those things.

Show quote history

I didn’t ask if there was proof, I asked if he had paid for them. You seem to be implying now that he did but that you’re going to lie, committing fraud, and claim that he didn’t.