No word about Dad's will

[Isittimeformynapyet]

My dad died a year ago, leaving his lovely 2nd wife widowed.

When they married 27 years ago they explained to all offspring that their estate would be split 50/50 between them with dad's half going to my sister and I, and his wife's half being divided between her 4 adult children. They were both very clear that they had made wills to this effect.

Dad passed away last June, and as far as I know his estate went to my stepmother.

Although she is lost without him, she is pragmatic and practical and is doing her best to get used to her new life.

During the last year I have been out of work and having neurological tests for pain, weakness and numbness (sorry, boring) and I'm struggling financially.

A couple of friends are telling me I should have heard from the solicitors and that I should ask my stepmother for information about my inheritance. I heard nothing at all and I'm anxious about raising the topic with her. I don't want to seem grasping and unsympathetic.

Should I have heard something by now?

Is any inheritance now at her discretion since my dad predeceased his wife?

Should I be bolder?

I'd be very grateful for any advice.

Dépends if they made wills and what your df's contained. You could try and get a copy as all wills that have had a grant of probate are public documents. It's easy to apply and doesn't cost much. Sorry, can't remember where you apply, but a quick google should sort it. Think it's less than £10 from memory.

You sort of contradict yourself in your OP. You say his half of their estate would go to you and sister but also that the estate has gone to your stepmother (his wife).

If he left it to herr but they discussed half going to you when they're both gone then she doesn't need to give you anything now and in fact, may never leave it to you.

If he left it directly to you and sister then it's messier. What assets did he have? If they jointly own home and she still lives there what are you expecting now?

You'll need to give a bit more information for advice.

Surely it depends what he had on his own? You wouldn't get half of his property while she is still alive. If he had other assets and things then maybe if he still has the same will from 27 years ago. Did she have to apply for probate? If so, it takes quite a long time sometimes.

Depends, if he left liquid assets to his wife but split his share of the house (tenants in common) to you both but with lifetime interest, you only get the house when she dies /moves

@ConflictedCheetah

Ah, sorry to contradict myself.

When they both explained their intentions to us they didn't go into any useful detail, so I've assumed that she inherited initially and the wishes would be carried out when she passes.

She lives in the home they bought together, and there's no question of her having to move.

They both have/had good pensions and savings.

I don't know much more I'm afraid as it's not something I ever asked about in further detail.

I'm sure I have the solicitor's details as I was signed up for POA a few years ago, but never needed to act on it. Presumably it's the same solicitor as the will.

After a year I think it would e fine to ask did dad leave a will … you need to know.

First and easiest thing to do is go on the you gov probate site and see if there was probate granted for him. It’s free and you can do it immediately

Thanks @Grmumpy

@sleekcat sorry, I don't know if she had to apply for probate.

@Graceandfavor Thank you. I will have a look now.

You can also see wills on the probate site

www.gov.uk/search-will-probate

No Results on the probate search.

I don't understand why you are expecting to hear anything about a will. Surely you will be due to get a quarter of what is left when your stepmother dies. Or have I misinterpreted what you are describing?

I was wondering if I could ask my stepmother for a small advance.

I've been encouraged to find out more by one friend in particular who thinks it's important to have some idea about the future too.

He could have left everything to his wife but then her will needs to stipulate what goes to you. She could make a will leaving it all to her family.
I wouldn't ask her for an advance if he's left it to her then it's her money now. You could ask the lawyer about the will and if the execution of the estate had been completed yet.

@Musicaltheatremum

Thank you. This is what I wondered.

Well yeah as a PP said, it's her money now. She may have a will that says you'll get some when she passes but a) she can make a new will now and not leave you anything and b) she may need it and use all money for care as she ages so you may end up with nothing anyway.

Still worth seeing a will in case you were supposed to directly get some cash in the meantime but it's probably not the case.

Thank you all for responding to my posts.

Sorry for your loss and about your health issues.

No one can tell you what should happen to your father's estate, it all depends what's written in the will, so you should ask the solicitor and/or his late wife for a copy.

Do ensure you are claiming all the benefits you're entitled to. If you have no longer been able to work, once your sick pay runs out you should be able to claim new-style ESA. You might also be eligible for PIP, assuming your condition is long-term. See https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test
Depending on your situation (eg whether you live with a partner or not, whether you rent or have a mortgage, whether you have savings, etc) you might also be entitled to Universal Credit. If you'd like more advice about any of this you can contact your local Citizens Advice: https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/#h-find-your-nearest-citizens-advice

Mine and my husbands will leave half each in trust to our kids. So they own half the house between them. If I die before him he gets to keep the house until he remarries, moves out, dies or the youngest turns 25. If any of those instances happen then the house gets sold and the kids get my half (including his daughter) if he dies then the whole house is split between all kids. And vice versa.

It really depends on his will and what it says. For example, I'm pretty sure that if my Dad dies it just goes to his wife, and he is trusting her to split it with the kids when she dies.

If that's what your Dad has done then you may never get a penny.

If his house is the only tangible asset she is unlikely to be able or want to give you your inheritance early as she'd have to sell the house to do so.

I think it's OK to ask if your Dad left you anything though, just don't expect to get anything now

If house was in joint names and bank accounts were in joint names then probate wouldn’t have been needed if everything was being left to his wife. This means the will won’t ever be published or available to the public. If he had his own bank account many banks will release funds without probate if it’s under a certain amount (once funeral expenses have been paid).

There are two possibilities. He may have left his wife a life interest in his estate with it then going to you and your sister when she dies, or he may have simply left everything to his wife. If it was the latter, there is no guarantee you will inherit anything. If it was the former, your share is protected but you probably can't get at it until she dies.

@AllThePotatoesAreSinging
@AnotherEmma
@GoogleWhacking

Thank you all for your replies.

Thank you. My Dad was a very sensible and cautious with money, so it could have been the first scenario.

But I also know he would have trusted her completely so I can imagine he probably wouldn't have wanted to imply otherwise when they made their wills.

I understand that I probably won't know until she eventually passes on unless I decide to broach the subject with my stepmother. I'll try contacting the solicitor though.

I'm grateful to everyone for taking the time to help me understand what might happen in my circumstances 🙏

I inherited money from an aunt. 8 years after she died. The money had been “given” in trust to her sister (another aunt) for her lifetime and then it came to me when that aunt died. I had no idea she had left me anything until the death of the second aunt when the executors informed me. So it may not mean you have nothing. It could be you have but don’t know about it. My second aunt couldn’t spend the capital. Just interest from the investments.