A will question…

[Ticktockk]

My dad was always told he’d be left everything in a will, including the house he has lived in for 30 years. But now the family member has passed and no will can be found. It means everything will be inherited by someone else, leaving my dad homeless.
I assume there is nothing that can be done in this situation?

He needs to consult a solicitor who specialises in contentious probate. He may have a claim.

I think you will get better advice with more details. Was he married to this person or were they a parent for example? And who has inherited it?

Even on the details given, it is clear that he may have a claim. If he can prove that he was promised that he would inherit and that he relied on that promise, he has a claim under proprietary estoppel. Note that, as this would be a civil case, he only needs to prove the promise on the balance of probabilities. He doesn't have to prove it beyond reasonable doubt. As I say, he needs to consult a solicitor.

If you want to do some more reading before speaking to a solicitor (although he really must speak to a solicitor), a case relevant to your father's situation is Thorner v Major (2009). In this case a second cousin (David) worked for his uncle (Peter) unpaid for 30 years on the belief that he would inherit the farm but there was no explicit promise or assurance. Peter did leave the farm to David but destroyed his will when he fell out with others and he died intestate. The House of Lords (the highest court at the time) held that the only thing that mattered was whether a reasonable person could have relied on the conduct that looked like an assurance.

What your father will need to prove, on the balance of probabilities, is:

1. That an assurance has been made to the claimant;
2. That the claimant has relied on it; and
3. That the claimant has suffered a detriment as a result of the reliance.

It sounds like 1) and 2) are present. The question you will need to answer is the extent to which 3) applies. If he has simply lived there that probably wouldn't be enough. If however he has also made financial decisions on the basis of inheriting, provided care to the person he was living with or such like then his claim will be much stronger.

Thank you, this is really helpful. There are a few details I’d rather not share at this point but his half-sister will inherit everything. The deceased is his aunt.

My parents have spent lots of money on the upkeep of the property, despite renting it from his aunt, as they were going to inherit it anyway. So perhaps this might stand him in good stead.

@Ticktockk If his aunt died intestate, why would his half sister automatically inherit? Sorry, it may be obvious, but I can’t work that out at all!

Yes I was thinking that. Why does the half sister inherit?

Assuming this is in England or Wales, if the deceased did not have a surviving spouse or civil partner and there were no living parents, the inheritance goes to any siblings (excluding step-siblings and half-siblings) or, if they are dead, their children. So presumably his half-sister is the daughter of a brother or sister of his aunt, but he is not.

@prh47bridge ah! Thanks for the explanation. 🌟

You would probably need to look under some form of constructive trust argument- that your parents made financial decisions (I.e upkeep) based on the premise they would inherit the property.

There are cases on this normally relating to children who work on a farm (to their detriment) under the presumption the farm would then pass to them. While it is based on the specific facts, some of these cases do win.

Another angle is that your father financially depended on his aunt in some way so should be afforded a share of inheritance, but perhaps not if they paid rent?

They absolutely made financial decisions based on future inheritance of the house.

I think there’s a chance they are assured tenants, and so possibly it might be harder to kick them out. As I understand it, it would be sold with them as tenants but then I assume the buyer would increase the rent beyond what is affordable to them. They’ve been paying a very low rent.

If your father made financial decisions based on the promised inheritance, he is likely to have a claim against the estate. He needs to see a solicitor as soon as possible.