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Original poster

Dad’s estate

35 replies

Buckleymumma · 14/10/2023 16:17

My dad died earlier this year and step-mother has not mentioned any possible inheritance to me or my full siblings. They have two daughters together. The relationship is strained already so we don’t feel we can raise the topic with her. I believe there is a substantial estate including buy to let properties. There’s a good chance he left everything to her assuming she’d make provision for us children from first marriage and his much loved grandchildren but nothing has been forthcoming as yet. She is younger than Dad. Is there any way of seeing the will without her knowledge? Is it common for people to wait 6+ months before deciding what to do with their share or do we just assume we’re getting nothing and my stepsisters will eventually inherit everything. I’m sure dad didn’t mean for that to happen as we all had a great relationship with him but if he hasn’t specified it in the will then I sadly fear we don’t have a leg to stand on? Any advise, gratefully received.😥

OP posts:
endofthelinefinally · 14/10/2023 16:22

If he didn't make a will after he married his wife, everything will go to her. If that is the case, it sounds as if she will leave everything to her children.
I think you will have to ask her if he made a will. Surely, if he did, he would have told you, or somebody in your family.

SlipSlidinAway · 14/10/2023 16:24

Sorry for your loss Flowers

Perhaps it would be best to try the direct approach with your step mother first and just say that you and your siblings were wondering if your dad had left you anything in his will?

Sounds like you've waited a decent length of time to ask. It doesn't have to be about money - it would be nice if he left you and your siblings one or two items to remember him by.

WeeOrcadian · 14/10/2023 16:29

Thees absolutely a whole back story here.

I'm curious why your post literally goes straight to assets and what you're going to get / not get

AdaColeman · 14/10/2023 16:30

Do you know who was your Father's solicitor? If so, you can ask them if they are the Executors and to show you a copy of your Father's Will, that is the easiest way to view the Will.
As some time has passed since he died, you could contact the Probate Office, and request a copy of the Will. This can be done on line for a small charge, about £3 IIRC. It will take them a few days to email you a copy.

HamBone · 14/10/2023 16:31

His estate will have already gone through probate, because inheritance tax has to be paid by the sixth month after a person passes away (or a payment plan set up) . As it sounds like a fairly large estate, inheritance tax was probably due.

One probate’s granted, anyone can apply to see a copy of the will. I think gov.uk has information on how to do this.

That might be your best first step, then speak to your SM if you wish to. It seems strange that your Dad didn’t even leave you a memento.

SlipSlidinAway · 14/10/2023 16:32

I'm curious why your post literally goes straight to assets and what you're going to get / not get

Erm ... because that's what the op is asking about. Would you have liked an introductory paragraph about the weather before asking the question?

VineRipened · 14/10/2023 16:33

He may have had a will that left part of his estate directly to you and your sister in which case you will be informed by the solicitor or whoever is the Executor.

Alternatively he might have left part of his estate to you but left it all with a life interest to his wife, in which case you will inherit your share when she dies.

Or he might simply have left everything to her, expecting her to leave you a fair share in her Will when she dies.

Unfortunately IME men are notorious for doing the last option, and younger second wives are notorious for then not leaving anything to his older children. I have 3 friends who have watched this happen.

All Wills are visible online once probate has been granted on Gov.Uk.

LadyHester · 14/10/2023 16:35

I believe inheritance tax is payable six months after probate is granted. If your father died instestate, and the estate was of any size, it will have taken a long time to sort out and probate may still not have been granted.
Your best bet initially is to track down the will, if there was one.

VineRipened · 14/10/2023 16:36

HamBone · 14/10/2023 16:31

His estate will have already gone through probate, because inheritance tax has to be paid by the sixth month after a person passes away (or a payment plan set up) . As it sounds like a fairly large estate, inheritance tax was probably due.

One probate’s granted, anyone can apply to see a copy of the will. I think gov.uk has information on how to do this.

That might be your best first step, then speak to your SM if you wish to. It seems strange that your Dad didn’t even leave you a memento.

IHT would not have been due if he left everything to his wife.

HamBone · 14/10/2023 16:37

@VineRipened Really, I didn’t know that. Even though he had rental properties, etc.?

HamBone · 14/10/2023 16:39

It sounds as if the OP probably hadn’t been left anything then.

WetsuitRevolutionary · 14/10/2023 16:46

endofthelinefinally · 14/10/2023 16:22

If he didn't make a will after he married his wife, everything will go to her. If that is the case, it sounds as if she will leave everything to her children.
I think you will have to ask her if he made a will. Surely, if he did, he would have told you, or somebody in your family.

This is incorrect

2jacqi · 14/10/2023 16:48

HamBone · 14/10/2023 16:37

@VineRipened Really, I didn’t know that. Even though he had rental properties, etc.?

If the rental flats have another name on the deeds to make them jointly owned, then they automatically become owned by the remaining person on the deeds. meaning him and another

WetsuitRevolutionary · 14/10/2023 16:50

The rules are different depending on where you live, Scottish law on inheritance is not the same as England and Wales.

If the deceased did not leave a will then there is a chance his children will inherit something, depending on the size of the estate.

HamBone · 14/10/2023 16:50

@2jacqi Yes, I knew that, I just didn’t realize that a large estate completely avoided IHT if left to a spouse/civil partner. I suppose the govt. gets their chunk when the surviving spouse dies.

2jacqi · 14/10/2023 16:53

Children of the intestate person will inherit if there is no surviving married or civil partner. If there is a surviving partner, they will inherit only if the estate is worth more than a certain amount. sounds like the estate would be worth quite a bit though

BaronessEllarawrosaurus · 14/10/2023 16:55

2jacqi · 14/10/2023 16:53

Children of the intestate person will inherit if there is no surviving married or civil partner. If there is a surviving partner, they will inherit only if the estate is worth more than a certain amount. sounds like the estate would be worth quite a bit though

Not necessarily it all depends how the property was owned, if its joint tenants then its outside of his estate.

endofthelinefinally · 14/10/2023 17:38

WetsuitRevolutionary · 14/10/2023 16:46

This is incorrect

Show quote history

Would you explain why it is incorrect? Every experience I have had or heard has been that the second spouse has inherited everything if the deceased has died intestate. It has been the basis of all the advice I have been given by estate planners recently when drafting my will.

endofthelinefinally · 14/10/2023 17:39

Unless of course the OP and her father are not in England or Northern Ireland, but I don't think that was mentioned. I don't know what happens in Scotland.

Gasp0deTheW0nderD0g · 14/10/2023 17:45

I am not a lawyer, but it depends on the size of the estate. If there is no will, the surviving spouse or civil partner gets a certain amount and then the excess over that amount is divided between the children (all the children of the deceased, regardless of who their other parents is) and the spouse/civil partner. Details will be on gov.uk.

If the property was in joint names, and they were joint tenants and not tenants in common (English law, so this only applies in England) the surviving owner will automatically become sole owner.

If there was a will, the deceased could leave his estate any way he liked, in England. The reasons to challenge this are very limited, and a legal challenge would be very expensive and unpleasant.

Gasp0deTheW0nderD0g · 14/10/2023 17:47

endofthelinefinally · 14/10/2023 17:38

Would you explain why it is incorrect? Every experience I have had or heard has been that the second spouse has inherited everything if the deceased has died intestate. It has been the basis of all the advice I have been given by estate planners recently when drafting my will.

Show quote history

Here you go. You can work through this flowchart to see what would happen. https://www.gov.uk/inherits-someone-dies-without-will/y

Where was the deceased domiciled? - Intestacy - who inherits if someone dies without a will? - GOV.UK

https://www.gov.uk/inherits-someone-dies-without-will/y

endofthelinefinally · 14/10/2023 17:50

Gasp0deTheW0nderD0g · 14/10/2023 17:47

Here you go. You can work through this flowchart to see what would happen. https://www.gov.uk/inherits-someone-dies-without-will/y

Show quote history

Thank you. But the first question is where did the deceased live, so I suppose the OP will have to share that information.

Redwinestillfine · 14/10/2023 17:51

Try to get a copy of the will. If he remarried then his wife is next of kin and it's likely his estate went to her (probably with instructions for a share to go to you on her death) but if he didn't do a will then that's entirely her call.

Gasp0deTheW0nderD0g · 14/10/2023 17:57

I think the intestacy provisions are the same in all parts of the UK.

Gasp0deTheW0nderD0g · 14/10/2023 18:00

Another important point is was he married to or in a civil partnership with stepmother? If not, under the intestacy laws she will get nothing at all, but might be able to make a claim as a dependent. If they were married/civil partners, as others have said, the marriage would have made an existing will invalid. So a lot depends on whether the father made a new will.