DD's ex partner has died what can she do?

[Anonanonandon]

This will be long because I do not want to drip feed. DD's ex partner has died. They share a 6 year old DC and a mortgaged house (as tenants in common - this may be relevant). Until he died he was paying CM and half the mortgage.
DD does not know if he left a will (he didn't have one when they were together); he was living with his parents and they will not communicate with DD.
DD and ex had joint life insurance to cover the mortgage but DD is waiting to hear if they will pay out, as his death certificate lists substance abuse as a contributing cause of death (but not the primary cause).
Expartners' parents had gifted ex a substantial deposit, when they bought the house, and DD signed a Deed of Trust promising to pay it back to ex when the house is sold. DD had agreed with ex that she would put the house on the market when (if) the market improves. He was happy with that.
DD has spoken with a solicitor who has advised her that she needs to pay the deposit monies back to exes parents, as they are Tenants in Common, and that their DD is not entitled to anything from the estate.
I can't comment on the deposit money, but the fact the their DD is not entitled to anything seems to contradict everything I have read.
Are there any legal minds out there that can point us in the right direction please?
Thank you for reading.

If they're tenants in common are the respective shares 50/50?

Was the ex named as Father on DD's Birth Certificate?

She needs to find a different solicitor.

She needs a new solicitor. She can sue his estate for child support it it's not been left to his child. If he died intestate, his child automatically inherits all of it (assuming he only had one child).

If she promised to pay her ex back via a deed of trust, assuming there's no will she now technically owes that money to her child as the beneficiary of the will.

If there is no will I believe his children inherit and not his parents

Do you know if he had any other children in addition to your grandchild?

Your DD definitely needs legal advice

No other children. Ex is on birth certificate. 50/50 Tenants in Common.
My first reaction was find a new solicitor. Thank you all I am glad I haven't misinterpreted the stuff I have read.

I am tenants in common with my partner and we have a deed of trust as I put in the entirety of the deposit for our mortgage. If I were to die intestate our daughter is my next of kin and she would inherit my half of the house and the deposit, not my parents. I've made very sure of this!

I don't know where this guy's parents or the solicitor have got the idea from that they should inherit ahead of his child. Agree she needs a new solicitor. So very sorry for your daughter and grandchild's loss and the situation they now find themselves in.

Are you in England? Is she speaking to the Estate solicitor or her own? Intestate rules state his inheritance goes to issue (children and grandchildren) so whilst the house may be 50% his, it will go automatically into a bare trust for the child until 18. In the event there is a will, it’s unusual for any parent to disinherit a minor child.

It would depend on how the deed of Trust is written and solicitor may be right in that it might need repaying on the death of the son but you need a solicitor to be all over this.

In order for assets to be transferred they will also need probate. Probate and wills can also be ordered and are public. I hate to be that suspicious person, but I would check if anything has been altered at the Land Registry. Something stinks if they aren’t talking to her.

New solicitor needed!
-It sounds as if his DD is the ex's next of kin (so should inherit all that is his if no will left.) The parents (grandparents) should not be in line to inherit all his estate.

-The deposit should go back as agreed when/if property sold - to the ex's estate (so to your DD if she inherits).

Is this coming from the solicitor or his parents? If so, are his parents thinking clearly? Their first thought seems to be for the money and not for the fact that if it goes to them their grandchild will lose out massively. A very weird course of action if it's really what they want.

If there’s no will, the following will apply. (I don’t know about anything else), and sorry for your loss.

www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

the deposit should be a gift unless the parents are on the mortgage as well. banks are very strict on that.

agree that she needs to see a specialised solicitor. she can't afford not to.

sorry for the loss.

The are you in England (or Wales) question is also important.

Even where the law in Scotland is the same as England terminology and processes are different.

Thank you all again. We are in England. The advice DD had is from a solicitor she consulted; she does not know who is handling the estate as ex's parents refuse to communicate with her.
Thank you for the advice re Land Registry.
My understanding was that if he died intestate my DGC inherits and even if he has made a will leaving everything to his parents, which I would find bizarre, DD could make a claim on behalf of DGC, because she was financially dependent on him.

Parents not on mortgage.

Honestly get yourself a solicitor who deals in wills and probate. If there is no will an application needs to be made to the probate court for letters of administration. You do need certain documents and also details of what he owned. This could prove difficult so a solicitor would be wise if you can afford it. Also I would be concerned that the parents would be looking to sort it all out and in their favour, so even if you don't apply to be executor (a solicitor can do this) you at least need to register an interest and there are various legal instruments you can use to challenge probate a solicitor would know what works best - technically the solicitor would be acting on behalf of your daughter and perhaps that is what needs to be made very clear that this is for her benefit. There is lots on the .gov site and various solicitors web sites but key for me is speed of action in registering your daughters interest with the Probate Court to make sure her interests are protected. Technically funeral costs should come out of the estate as well, so some level of control over how much is spent etc should also be levied to make sure her interests are protected.

If there is insurance the solicitor could deal with this as well which would mean the house is paid off separate to any funds ex had elsewhere. But as you say could be complicated by how he died and also whether there is another will. There are circumstances even where a will exists where if there is a dependent they cannot be cut from inheritance even by a Will - think this is Scottish law but I think there are ground in E&W as well but a lawyer will know for sure.

The insurance is in your hands and I would get a copy of the death certificate if you can on the grounds its needed for the insurance to pay off the house. Worst comes to worst the house would be paid off but with the need to repay to GP the deposit, but its unclear where ownership of the house would then be with tenants in common rather than joint. Again lawyer best to sort this one.

If you're needing a very excellent wills & probate solicitor I can recommend one.

You need a contentious probate solicitor. I know a good one if you want to DM.

If the ex had a pension, the dc may be entitled to a payout.

I don’t know the legal ins and out but I had a friend who died and his 13 year old daughter inherited as next of kin

This.

another one who thinks she needs a new solicitor.
Id take @Elektra1 up on her offer

First thing to do is contact the mortgage company. As joint policy their bereavement team (make sure you speak to them as they should have trained team) should place things on hold often for few months to allow things to be sorted, ask if possible to pay interest only (3 months ish) until you know outcome of life insurance, if the life insurance pays out this might cover the mortgage. Often you take out insurance at same time as mortgage. Double check the deeds £3 per land registry to check if is tenants in common as you have child they would inherit.

I would have thought that too. I know your DGC is very young but she needs a solicitor too. I think as she is a child and at risk of losing her home she will qualify for legal aid.

Agree. As the child is next of kin should their representatives not be dealing with the estate, arranging funeral etc not his parents? They should not be preventing access to information.

A solicitor in family law would be able to help try a local one not national law firm. It’s difficult when love ones have died ex parents might be struggling with their loss.