Dad’s estate

[Buckleymumma]

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.😥

They were married and in England. I will see if I can track down the will but fear as hurtful as it is, I fear that everything goes to her and then my step-siblings (no doubt encouraged by the SM). Morally, I feel she should pass something on to us (financial or even some of his possessions) but realise my dad should have ensured that happened so it feels like a double loss. Thanks for all your advice.

If probate has gone through then yes you should be able to get a copy of the will from the govt website it costs a few quid to see documentation.
My DH did it with his dad's will as my MIL had some questionable behaviour and turns our she was trying to use the will as a bargaining chip. It doesn't alert anyone
https://probatesearch.service.gov.uk/

i thought it didn’t go to probate if everything has been left to the wife in the will. Is that not correct?

I think no probate needed if everything was jointly owned.

So it depends whether the property was in his name, or joint.

It depends on the assets if he had rental properties which were solely in his name then it would need to. You can do a search without paying to see if it's there.

That's not quite right.

Any property owned as joint tenants would have passed to his wife automatically.

Any joint bank accounts or other assets held in joint names would also have passed to her automatically.

However, any property owned as tenants in common would go into his estate. Probate is normally needed to transfer the deceased's share to the beneficiaries.

@Buckleymumma Probate would have been required if any property was held as tenants in common or solely in your father's name, even if it was left to your stepmother. Some financial institutions may also have required probate to allow the executor(s) to access his money even if it was left to your stepmother. If you want to see the will, there is a good chance you can get it from the probate registry. If the executor(s) have not followed the will (or the rules of intestacy if there was no valid will), you may have cause to take action against the executor(s) to recover any money that was left to you (or that should have come to you under the rules of intestacy).

@Buckleymumma there is some incorrect advice by pp.

My question to you is what is most important to you, photo’s and other sentimental items or £?

I would focus on the sentimental items and think it is perfectly reasonable to email your step mum, acknowledge she has lost a her husband and that you don’t want to upset her but you have also lost your Dad and would appreciate it if you could have a something of your Dad’s to remember him by. If there is something specific mention it.

This is also the time to ask to collect any of your personal items that are in their home e.g. toys, books etc. from your childhood.

As you collect the items as part of the conversation you can ask if she is managing to sort out the estate and if there is anything you can do to help. This may lead to a conversation about the will.

Remember grief affects everyone differently, there is no right or wrong way to grieve. Your step Mum may still be in a place where she hasn’t really thought about sorting everything out.

Once you have done this check if probate has been granted https://www.gov.uk/search-will-probate. If it has you can request a copy which will include a copy of the Will. If not the follow the instructions and complete this form https://www.gov.uk/government/publications/find-a-will-or-probate-document-form-pa1s to request a copy when it is granted.

As pp have said if your step mum inherited everything there may be no need to apply for probate.

As you collect the items as part of the conversation you can ask if she is managing to sort out the estate and if there is anything you can do to help. This may lead to a conversation about the will.

Asking if she's managing to sort out the estate and if she needs any help absolutely screams 'did dad leave me any money?'. OP may as well just ask the question outright rather than drop such loaded hints. 'We were wondering if dad included us in his will' doesn't seem an unreasonable question to ask without any beating about the bush.

Honestly, I’d get a copy of the will so you can see for yourself, OP. It’ll be much easier than tricky conversations with your SM.

Even if it’s all gone to get though, asking for some mementoes is perfectly reasonable though, especially childhood memories.

*sorry, that was supposed to be “gone to her.”