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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 23:46

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.

It’s so complex, I’m offering him somewhere to live, it just can’t be this house! It’s not suitable to his needs anyway!

OP posts:
Original poster
notahappybunny7 · 10/09/2023 23:50

Fleur02 · 10/09/2023 23:44

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?

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He couldn’t have give 2 fucks about his wife, he’s treated her like shit for four decades. He won’t be homeless but he can’t stay in the house he’s contributed fuck all to.

OP posts:
SleepingisanArt · 10/09/2023 23:51

Hate to tell you that the money your Mum inherited from her parents will indeed be seen as a matrimonial asset.

As people have said you need proper legal advice.

Overthebow · 10/09/2023 23:52

notahappybunny7 · 10/09/2023 23:39

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

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They’re married, savings, including from inheritance, can be seen as a matrimonial asset.

Overthebow · 10/09/2023 23:54

I’m also not sure the house can pass completely to you. As they’re married, regardless of whose names it’s in it’s still a matrimonial asset and so he will be able to contest this and likely win. It may be he gets half of it. You need legal advice here.

RJnomore1 · 10/09/2023 23:56

Op first of all which country are you in as the law varies around the uk.

Original poster
notahappybunny7 · 10/09/2023 23:57

RJnomore1 · 10/09/2023 23:56

Op first of all which country are you in as the law varies around the uk.

England

OP posts:
Fleur02 · 10/09/2023 23:59

notahappybunny7 · 10/09/2023 23:50

He couldn’t have give 2 fucks about his wife, he’s treated her like shit for four decades. He won’t be homeless but he can’t stay in the house he’s contributed fuck all to.

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The law seems quite likely to disagree with you here.

Tangled123 · 10/09/2023 23:59

My opinion would be that, if he contested the will and won, he would be able to stay in the house during his life, but on his death, it would go to OP anyway as he would only be awarded a life interest.

My legal knowledge is rusty though so happy to be corrected.

namestevalian · 11/09/2023 00:00

Firstly sorry for your loss .

I think you need to realize what you believe he is entitled to ( probably in reality what seems fair) and the law .

This is going to be a mess so buckle up , and don't start mentally spending a penny .

Lawyer up .

CosyNightsOnTheSofa · 11/09/2023 00:00

SleepingisanArt · 10/09/2023 23:51

Hate to tell you that the money your Mum inherited from her parents will indeed be seen as a matrimonial asset.

As people have said you need proper legal advice.

I was going to say this, also he certainly will get something contesting the will, they were still married and together when she died, for 40 years! It doesn't matter what he was like, legally they were still married, the house he lives in is his home, it doesn't matter whether you think it's suitable or not. You obviously need proper legal advice, but you may not like what they tell you.

Mulhollandmagoo · 11/09/2023 00:03

As they were married at the time of her passing, all those things are marital assets, therefore he is likely to be able to successfully contest the will, he won't get all of it, you will receive what the courts deem to be your mother's share.

He probably won't be able to stay in the house as it will most likely be split, and unless he can buy you out, he will have to move, and either the house will need to be sold, or you will need to buy him out.

Honestly, the best thing to do is see a solicitor for some advice, if he does begin the process of contesting the will the best thing to do would be to settle with him so it doesn't cots a fortune in court fees. I know it probably isn't something you want to do right now, but it is a sound decision if you want to walk away from this with something.

You're right, it is rubbish and unfair, but that is the likely outcome. I'm so sorry about your mum, it's a tough time to be dealing with things like wills and finances etc, when you're grieving 💐

Hellsbellsandspidersankles · 11/09/2023 00:03

notahappybunny7 · 10/09/2023 23:37

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

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If they were married when she died it’ll be half his.
Being a workshy cunt holds no weight in law, I’m afraid. Nor should it.

Aavalon57 · 11/09/2023 00:04

I’m so sorry to hear about your mum, OP. I think you need to urgently contact a solicitor. How do you know what was in your mum’s will? Who drew up the will?

Fleur02 · 11/09/2023 00:04

Hellsbellsandspidersankles · 11/09/2023 00:03

If they were married when she died it’ll be half his.
Being a workshy cunt holds no weight in law, I’m afraid. Nor should it.

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Quite. I can’t imagine many women would be happy to be told that if they’d not worked then they have no stake in the marital home.

AbbeyGailsParty · 11/09/2023 00:05

I’m sorry for your loss. As your mum has very recently passed please take a deep breath and don’t rush into anything. Don’t promise anything, don’t part with anything. It’s a natural reaction to feel we must do something, we’re trying to change the stressful and awful situation we find ourselves in.
Gather all the paperwork you can find. Your mum left a Will? Keep everything safe together and tomorrow set about getting legal advice, from a lawyer or at least see someone at the CAB.
Get yourself a notebook and write down what you’re told as there’ll be a lot of information over the next weeks and months.
You can also contact Sue Ryder for bereavement advice, I don’t know if they help with practical stuff as well as emotional support but you can always ask.

it’s a horrible time, like being on a roller coaster , make sure you look after yourself.

Babyroobs · 11/09/2023 00:05

Even if you got half it's 130K.

Original poster
notahappybunny7 · 11/09/2023 00:06

Aavalon57 · 11/09/2023 00:04

I’m so sorry to hear about your mum, OP. I think you need to urgently contact a solicitor. How do you know what was in your mum’s will? Who drew up the will?

I went to the solicitor with her, she has not been happy since the day they were married, I’ve know this my entire life. She has just never had the guts to deal with him, he has treated her appallingly.

OP posts:
Babyroobs · 11/09/2023 00:07

Babyroobs · 11/09/2023 00:05

Even if you got half it's 130K.

Or is it that you particularly want to live in the property ?

Fleur02 · 11/09/2023 00:08

notahappybunny7 · 11/09/2023 00:06

I went to the solicitor with her, she has not been happy since the day they were married, I’ve know this my entire life. She has just never had the guts to deal with him, he has treated her appallingly.

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Did the solicitor not explain to her that her husband would have a claim on the matrimonial assets?

Original poster
notahappybunny7 · 11/09/2023 00:08

Fleur02 · 11/09/2023 00:04

Quite. I can’t imagine many women would be happy to be told that if they’d not worked then they have no stake in the marital home.

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Not the same thing. There’s a difference between a mutual agreement to work v staying home and a lazy bastard who takes the piss out of someone who’s self esteem isn’t up to knowing your worth. How dare you.

OP posts:
Original poster
notahappybunny7 · 11/09/2023 00:09

Fleur02 · 11/09/2023 00:08

Did the solicitor not explain to her that her husband would have a claim on the matrimonial assets?

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It was about 8 years ago I can’t remember.

OP posts:
Seashellies · 11/09/2023 00:10

What's 'fair' and the law are different things. Agree with others that you absolutely need legal advice, as they were married for 4 decades if be does contest it he will likely be successful.

Original poster
notahappybunny7 · 11/09/2023 00:11

Babyroobs · 11/09/2023 00:07

Or is it that you particularly want to live in the property ?

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No I don’ t want to live there. I want the money, money my mother and grandmother, worked their fingers to the bone for, to better the life and future for my daughter. I don’t apologise for that.

OP posts:
Cailin66 · 11/09/2023 00:12

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.

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So like your mother he contributed to the household income. It doesn’t matter if his bit was used for utilities and her bit was used for the mortgage. Thru their joint efforts the house was paid off. There is no way you’re getting the house plus the savings in their entirety. Did he do home improvements?

How do you know how much he contributed?