Death of absent parent - help needed re will

[AGaudyKnight]

My sister died last year.

She had two daughters from her first marriage and, when she walked out, she left them with their father, Pete. He’s a pretty good dad, but he was blindsided when she left, really struggled to be a single parent for almost a year and ended up losing his job because he couldn’t manage the girls and his work. They ended up on benefits for a couple of months. My sister was abroad then with her AP and didn’t pay any maintenance. Once everything settled down a bit, Pete got a new job, worked out childcare (after school clubs, my mum, his mum and dad and sometimes me) and everything’s been ok since.

My sister went on to get remarried to her AP and have two more children. I’ve never met them, my mum has only seen them once. The only person who maintained contact with her is my brother. The rest of us were appalled by how she behaved and are committed to supporting my sister’s first family above everything else, however right or wrong that is.

My sister made a lot of money in the last seven years. I don’t know exactly how she did it, but my brother says it’s been enough to buy a million pound house and go on some pretty good holidays. She started paying maintenance, but it wasn’t much and it was sporadic (which she admitted to my brother). Pete has ended up in a job which doesn’t pay much so my nieces don’t live in a million pound house or get to go on fancy holidays.

I think my nieces deserve some inheritance, if only to make up for my sister being a shitty mum and not paying full child maintenance regularly, and have said as much to Pete. They are both teenagers and are thinking of uni, which will mean they need to take out loans unless there is something from my sister’s estate. I love them and want to make things easier for them, but I don’t want to encourage anything which might end up in a further rejection for them, like if my sister had deliberately left them out.

My sister doesn’t appear on the Probate Search, but surely she would if she had made a will? Could she have made a will which didn’t go through Probate? Is there any way to find out what her will said and challenge it for the sake of her daughters?

What country did she die in? That makes a difference. The laws of intestacy are different in Scotland than England, for example, and you mention she was abroad.

She came back to England about six years ago and died here.

My brother said she made a will and I don’t have any reason to disbelieve him.

Her house may have been jointly owned with AP. Money might have been in joint accounts.

Did she stay with AP, did they marry?

Yes, she married AP.

Does joint accounts mean that my nieces won’t get anything?

I think you need legal advice here. It is possible to challenge a Will if the testator didn’t leave anything to their dependants.
not sure of the ins and outs but I think it’s quite difficult to do.
do get some advice for your nieces and I’d do it quickly. Very sad for everyone involved.

It’s worth speaking to a solicitor who is experienced in these things. If no provision was made for her older children it is possible to challenge a will BUT if they owned the houses joint tenants it will revert automatically to her husband, there may not be any money to speak of for probate

Chances are her husband inherited. As she didn’t financially support her first 2 children it would be difficult to argue that legally they should be provided for. Morally is a different matter.

She was supposed to pay maintenance. She didn’t bother sometimes. Not unlike other absent parents. I am very ashamed of her and furious with her too.

Well if she's married and not made a will everything will go to her husband.

I’m as sure as I can be that she did make a will.

probate is only needed for certain things…
IHT (not likely if all has gone to husband no 2)
house ownership - some structures
investments over a certain amount…
otherwise just goes to husband if that is the will - no probate needef

But if its not lodged with a solicitor you will never know? You could call round all her local solicitors?cant someone just ask her husband?
My aunts probate took a year so we couldnt see her will online until that was done,(not we needed to) you can keep checking probate site.

To be honest l expect her husband has inherited everything

If she died intestate that will also show on a probate search as a grant of letters of administration.
if she died intestate then distribution is as follows:
https://www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/yes/after-jul-2023/yes
dh would get the first £322K, all personal possessions and half the rest of the estate.
If she owned property as joint tenants with spouse then the property would pass to spouse under the principle of survivorship and not form part of her estate.
Perhaps probate has not yet been granted?
Do you have any idea who the executor would have been?

If the house was owned as joint tenants, it will have passed to her partner automatically and would not have formed part of her estate. Similarly, any money in joint accounts would have passed to her partner automatically.

Your nieces may be able to claim under the Inheritance (Provision for Family and Dependents) Act 1975. To find out whether they have a viable claim, Pete needs to consult a lawyer who specialises in contentious probate.