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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:
Thread gallery
5
MrsElijahMikaelson1 · 11/09/2023 08:11

Or you are going to lose a lot of money through the legal system

Zonder · 11/09/2023 08:11

MrsElijahMikaelson1 · 11/09/2023 08:10

I think he has a case and will win. They were married for 40yrs and she should have acknowledged him in the will to show that she had considered him. I would offer him something; it may stick in your throat but I would. Your other option is to let him live in the house till he does then it’s yours anyway.

He has other children so it wouldn't necessarily be hers when he dies.

Gasp0deTheW0nderD0g · 11/09/2023 08:12

I am not a lawyer, @Arniesleftleg, but judging by the better informed posts on this thread, you'd be OK even if your husband's will left you nothing, because you would have an open and shut case in English law that you were not left adequate financial provision.

Iloveavocadoes · 11/09/2023 08:13

OP, I'm very sorry for your loss.

You are logically very upset but the law is on his side, as they were married for such a long time. The fact that he didn't work is actually a proof that he was her dependant and she had agreed to keep providing for him. It's very sad that your mum had such a horrible marriage but that will not be taken into account at this point, I think.

Get a lawyer today and good luck with everything!

Thewizardbinbag · 11/09/2023 08:13

Married for 40 years and registered blind, official unable to work. He is a dependent spouse and he will win this.

You need to negotiate with him and accept that you are not going to get all the money. If you fight this, you’ll end up losing to him anyway and then having to pay legal fees with whatever share you get so you’ll end up with nothing.

SD1978 · 11/09/2023 08:14

He will be able to successfully contest the will. They were married, it's a Marital asset, as is the savings. I'd probably start by finding out what he would be willing to settle for and then go from there. Whether he was an arse or not, they did have a life together and are financially tied.

Choux · 11/09/2023 08:14

Jitterybugs · 11/09/2023 08:01

Sorry for your loss OP 💐

For your sake I hope I’m wrong but I think you need to consider that in the coming years your father may need residential/nursing home care. I know from personal experience in completing the paperwork for a relative that the financial assessment form is very detailed. Details are asked about finances and property including previously owned property. The form stated there was no time limit on how far back they would search to see if a property had been disposed of by selling or gifting to someone. It stated any such action is considered deprivation of assets and action would be taken to recoup the money as a contribution to care home fees. Although your Mum’s name was on the mortgage it seems unlikely that the property will be disregarded in any financial assessment for your father.

Deprivation of assets would be when the father himself gave the house to his daughter to avoid it being spent in care home fees. In this case the father never had the house legally so it wouldn't be deprivation of assets.

Also children are not obliged to look after their parents in old age so OP has no need to be dealing with paperwork relating to trying to get him into care, map out his assets for social services etc. The only reason she might in this case is because helping him get a decent place to live and the benefits to enable him to do so will lessen his chances of deciding to pursue the estate for a claim under the Inheritance Act.

DisquietintheRanks · 11/09/2023 08:17

You can't just kick a dependant spouse (and by your own account that's what your father us) out of the family home and disinherit him. So you father has a strong claim on your mother's estate. Your mother would have known that.

What happens next is that some solicitors get richer.

ResponsibleWalrus · 11/09/2023 08:17

I'm very sorry for your loss OP. It's not what you want to hear but I'd be speaking to a solicitor about what is a fair offer to make it go away. You could give him half now or you could have most of it eaten up by legal fees and still end up giving him a huge chunk of legal fees.

It's not the same but I remember working on a case where one of three siblings was left out because he was well off. He argued his mother didn't have capacity. By the time the case was finished there was no money left in the estate. He actually went after the solicitors who made the will for the rest of his legal costs because he'd spent so much money fighting it.

Skodacool · 11/09/2023 08:18

Seashellies · 11/09/2023 07:59

The irony of this comment!

Marriage has a huge bearing on assets and finances including upon death, lots don't realise this I think.

Show quote history

Marriage revokes all previous wills. If she made her will after the marriage then it should stand. Marriage in itself does not stop her from making a new will. OP needs to take the will to a solicitor. If it’s correctly drawn then she should get on with the process of being executor.

Iliketulips · 11/09/2023 08:20

I haven't read the whole thread, but if she's left a letter alongside her Will explaining her reasons for leaving everything to you, that will support your case (any decent solicitor should have advised her to do so!). The solicitor would certainly have questioned her reasons for her decision, so there should be something on the file that will help support your case - solicitors keep files for many years so should be in storage.

If not, any details and evidence you he contributed very little financially to the relationship, alongside any proof of how he treated your Mum. Anything you can come up with will help. One thing you can't get away from is that he'll probably be able to claim he was dependent on your Mum and for that reason a Court would at least grant him permission to live in the matrimonial home for life before it passes to you.

Gasp0deTheW0nderD0g · 11/09/2023 08:22

Skodacool · 11/09/2023 08:18

Marriage revokes all previous wills. If she made her will after the marriage then it should stand. Marriage in itself does not stop her from making a new will. OP needs to take the will to a solicitor. If it’s correctly drawn then she should get on with the process of being executor.

Show quote history

Well, yes, but meanwhile the OP's father and possibly one of his other children will be consulting a solicitor, if they have the money and confidence and knowledge that this is an option, and from the sound of it any competent solicitor would be able to tell them that this is a pretty clear cut case and he would have an excellent chance of getting a large chunk of his deceased wife's estate.

prh47bridge · 11/09/2023 08:24

As others have said, he has a clear claim under the Inheritance (Provision for Family and Dependants) Act 1975. He is entitled to receive at least as much as he would have received had the marriage ended in divorce.

Gasp0deTheW0nderD0g · 11/09/2023 08:24

ZadocPDederick · 11/09/2023 00:18

This is the first of many links on this thread to this piece of legislation, which applies in England, where the OP and her father live, and where her mother lived.

TheaBrandt · 11/09/2023 08:25

Surprised a solicitor would draft a Will like that. You can do it but the spouse has strong grounds for a claim for reasonable provision and will succeed. You can’t just cut your spouse out - where’s he supposed to live? The usual approach is a life interest for dad so he can live in the house then it goes to you on his death.

itsmyp4rty · 11/09/2023 08:25

From what I've read OP if your mum had sole ownership of the house then she can leave it to whomever she likes in her will. Her husband doesn't automatically have a claim on it.

However, if her husband was financially dependant on her and she did not provide for him sufficiently in her will then he would have grounds to contest the will.

Info from here:
https://barcankirby.co.uk/leave-house-to-children-in-will/#:~:text=However%2C%20any%20inheritance%20will%20be,house%20will%20belong%20to%20them.

https://www.boysandmaughan.co.uk/site/library/legalnews/will-my-spouse-automatically-inherit-everything-when-i-die#:~:text=Anything%20that%20is%20jointly%20owned,property%20to%20whomever%20you%20choose.

Gasp0deTheW0nderD0g · 11/09/2023 08:26

Solicitors can give advice, but their clients don't have to take it.

burnoutbabe · 11/09/2023 08:27

PerfectYear321 · 11/09/2023 00:25

You can't be married and just will marital assets to another party. Are you sure the solicitor you saw to draft the will was really a solicitor?

Strictly you can write such a will

But it's highly likely to be challenged (under dependent laws) and this a ton of costs incurred by the estate to fight it.

Was any legal advice was given by the Will maker, I'd be asking to see their notes and potentially they are liable for sone costs if they didn't advise of the risks. Maybe they are a member of STEP so you could also get advice there.

If the court gives him a share, that would partially reflect what he'd have got on a divorce.

NatashaDancing · 11/09/2023 08:29

TheaBrandt · 11/09/2023 08:25

Surprised a solicitor would draft a Will like that. You can do it but the spouse has strong grounds for a claim for reasonable provision and will succeed. You can’t just cut your spouse out - where’s he supposed to live? The usual approach is a life interest for dad so he can live in the house then it goes to you on his death.

This. It was bad advice.

Parky04 · 11/09/2023 08:30

SequentialAnalyst · 11/09/2023 02:06

So sad that an abused woman can't escape her abuser even after her own death. Even if she didn't manage to leave him during her lifetime, she thought she had protected her daughter from him by making a will entirely in her daughter's favour.

Forget sad, I'm Angry

On a more practical, and perhaps hopeful, note, where is he proposing to get the money from for the challenge?

Edited

He won't need to have any money.He will be able to get a 'no win no fee agreement' as his chances of success are very high. OP needs to come to an agreement as solicitor costs could easily wipe out her share of any inheritance.

NatashaDancing · 11/09/2023 08:30

Gasp0deTheW0nderD0g · 11/09/2023 08:26

Solicitors can give advice, but their clients don't have to take it.

Very true.

EggInANest · 11/09/2023 08:30

OP, there is a LOT of info on this thread that is wrong and misguided.

Wait for one of the actual lawyers, like @prh47bridge to come along, and don’t panic!

Martied people can have their own property and the assessments of matrimonial assets in divorce is not necessary relevant to how property is treated in a will.

But people deemed ‘dependents’ can make a claim.

Take all the relevant paperwork to a solicitor.

Meanwhile, I am sorry you have lost your Mum.

Choux · 11/09/2023 08:30

I just reread all your posts. Is it that what he wants is to remain in the house till he dies? Or becomes too infirm that he really has to move? If so perhaps your options are:

1 You execute the will as it is so the house transfers to your name but you allow him to live there. It may not be properly maintained for a few years or you can do the most urgent of tasks with your mum's savings. When he dies or moves out the house becomes vacant for you to sell.

Or

2 he gets legal advice, realises he has a claim and you then have to negotiate and give him something in cash / asset value between zero and 50% of the estate. If you have to sign half the house over to him he can then will it to his other kids, his mates etc and it is no longer yours.

The crucial thing is that in Option 1 all your mum's assets remain yours at all times. You are just delayed in getting free rein to sell the house. Your dad is 77 and is realistically not going to be able to live there for many more years. Option 1 might be the option which preserves the most future wealth for you and your daughter.

tribpot · 11/09/2023 08:30

I don't think anyone is disputing your description of your father, @notahappybunny7 - just pointing out how [some of] the facts will be presented in a legal case.

Very sorry for your loss. In your place I would take legal advice on the quickest way to settle for the least amount of money, so you can extract as much of the legacy of your mother and grandmother as you can and then cut this man off forever.

Booklover40 · 11/09/2023 08:32

il be honest. In his situation I'd contest the will even if I had to use a no win, no fee place. It's been his home for 40 years, they've been together that long, they had an arrangement as far as who contributed what, and as the next of kin in his position, I wouldn't feel bad about it either. What if you offered him to live in there for as long as he is able to and you will sell the house when he either goes into care or dies? It might be the best way to keep possession and avoid a contest if you don't want to offer him some of the capital in settlement. (But don't do any of this until you've spoken to a solicitor).

I've been married to my own husband for 30+ years and you bet I wouldn't give up on what is 'ours' without a fight.

I agree with this 100%

Whatever your feelings towards your father - he is only reacting the way most people would. I think offering him the right to live there until he is unable to would be the most sensible plan (after speaking to a solicitor of course)

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