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Original poster

Estranged father died - do my siblings and I have any claim?

103 replies

Himsy · 16/02/2021 17:38

Sorry for blunt title, it is what it is.

My parents divorced when my two siblings and I were young (7,9,11). My father left my mother to it, didn't pay child support for as long as he could get away with, saw us children once or twice a year til the youngest was 16, then we didn't see him. I present this info to explain that our estrangement is no fault of us children (obviously we are all now adults).
My father's second wife (since divorced from him) got in touch with me a few years ago urging me to give him a chance to meet my children. I don't know why, but I did oblige. Then she divorced him. Later that year (2019) he told me he'd taken her off his will and was naming me (though not my siblings) as benefactor. I'd have split with them. Soon after, he and I had a disagreement, and he cut contact.

Xmas 2020 he died.

His sister informed me that her son was now executor. I have no relationship with any of them as they weren't involved with us as children.

So, it's been six weeks since he died, I guess I assume I'm out of the will?

My mother says as estranged children we can contest his will. Is this so?

We aren't talking a huge amount - maybe £50k each, so big enough to really help us out.

My cousins are both comfortable, as are their parents. (I don't know if they've been named as beneficiaries, but I don't know who else he'd leave anything to).
My siblings and I are not well off. I'm also going through a divorce and struggling now as a single mother.

Is it worth contesting?

If so, what do I do?

OP posts:
averythinline · 16/02/2021 17:44

Where are you ? as the law on estates is different in different countries..

I am pretty sure in England you cant do anything unless you think his will has been frauduenty dealt wth in some way../didnt have capacity - which you are not likely to know
some good info here
www.gov.uk/browse/births-deaths-marriages/death

Scotland is different - not sure about Wales

justanotherneighinparadise · 16/02/2021 17:45

You need to see the will first surely? It’s a public document so you should be able to see it without permission.

I know you can contest in Scotland. Whereabouts are you?

BlueTimes · 16/02/2021 17:47

If you are in England and your grounds are purely that he is your father but has left money to others and not you, then you don’t have a case. There is no obligation to leave anything to anyone in particular.

I’m sorry he was such a bad father to you.

awishes · 16/02/2021 17:48

Interested in the answers to this because my adult will one day be in this position I imagine. Very similar circumstances.
I sincerely hope you can contest or even better that your father had the decency to write you and your siblings in to his will to make up someway towards the disgraceful way he treated you all 💐
Sorry I can't help with an answer.

Original poster
Himsy · 16/02/2021 18:17

I'm English, but actually in Scotland, but he died in England. I'm moving back to England once it is covid safe to do so, as my marriage is over up here.

OP posts:
Original poster
Himsy · 16/02/2021 18:18

Thank you for the kind wishes.

It's been six or seven weeks now, so I expect we would have heard by now of we were in the Will.

How do I see a copy?

OP posts:
Original poster
Himsy · 16/02/2021 18:20

@averythinline

Where are you ? as the law on estates is different in different countries..

I am pretty sure in England you cant do anything unless you think his will has been frauduenty dealt wth in some way../didnt have capacity - which you are not likely to know
some good info here
www.gov.uk/browse/births-deaths-marriages/death

Scotland is different - not sure about Wales

Ah, thanks for the link!
OP posts:
BlueThistles · 16/02/2021 18:20

interesting situation OP... I would get a copy of that Will asap... and legal representation as it sounds like it was get ugly quickly...

good luck in your endeavours 🌺

BlueThistles · 16/02/2021 18:20

and Sorry for your loss OP 😔

ruthieness · 16/02/2021 18:22

www.thegazette.co.uk/all-notices/content/103458

this may be helpful

JerichoGirl · 16/02/2021 18:23

Sorry for what you're going through, I do hope you receive something, it's the least he could do for you :(

DareIask · 16/02/2021 18:28

Whoever is his executor will/should be applying for probate. This can take several weeks/months. Only then will the estate be distributed according to the Will (after any debts) so I think it's way to early to know.

Marley20 · 16/02/2021 18:29

Only dependants could contest the will in the UK so you wouldn't have a claim I'm afraid. I looked into it when my DM passed away.

Marley20 · 16/02/2021 18:30

In England sorry!

Hoppinggreen · 16/02/2021 18:31

You are assuming he’s made a will cutting you out, you need proof of that
If there is no will you are probably his beneficiary

passtheorange · 16/02/2021 18:32

Do you just want to know whether you are named in the will or not?

Original poster
Himsy · 16/02/2021 18:37

Thanks, everyone.

Yes, just want to know where my siblings and I stand. i.e. if we are named in the will.

Thank you for the kind words. I was kind of expecting to get ripped to shreds.

OP posts:
Original poster
Himsy · 16/02/2021 18:38

@DareIask

Whoever is his executor will/should be applying for probate. This can take several weeks/months. Only then will the estate be distributed according to the Will (after any debts) so I think it's way to early to know.
Is it too early to know what's in the will?
OP posts:
DareIask · 16/02/2021 18:45

Himsy

The process is horribly slow. The Will has to be found ( not always easy, depends on his relationship with the executor). Probate is applied for and once granted it is the executors responsibility to distribute the estate according to the Will.

I'm not sure at what point the Will is available to anyone else.. I've been an executor a number of times but fortunately not in contentious circumstances.

What I meant in my earlier post was it's very early in the process... if you're named in the Will it would still be quite early to know that, unless the executor decided to tell you...

MrsBrunch · 16/02/2021 18:50

You don't even know if he actually made a will. If he didn't then you and any siblings would have a claim.

Gingernaut · 16/02/2021 18:52

Probate is applied for, whether there's a will or not.

IF there is a will and you're not mentioned, you're not entitled to anything - you clearly weren't financially dependent on him, so disputing the will would be an expensive and futile effort.

If the old will wasn't updated, then you are still the beneficiary.

If there isn't a will, blood inherits.

The executor is duty bound to find all married and blood relations and disperse the estate amongst them according to a legal formula.

As he had children and no spouse, each child inherits equally, regardless of how favoured or estranged he or she was by the deceased.

Devlesko · 16/02/2021 18:53

I have an estranged sister, my parents cut her out of the will.
Our solicitor said that the only way she could contest it if she could prove he wasn't of sound mind when he made the will, or did so under duress.

As Dad (the last one left) stated why he'd left her out the solicitor said she'd be wasting her time.
She blamed me and my siblings as usual, but that's another story.

If there was no will, he said any blood relative could make a claim, not sure about being estranged though.

emsyj37 · 16/02/2021 18:53

When probate is granted, the grant and the will become public. It normally takes 6-12 months roughly (can be less or more) to get to this stage. I dont know how this timescale may be affected by Covid.
To contest a will in England you would need to demonstrate that the deceased could reasonably have been expected to make provision for you, as a PP has said this effectively means demonstrating that you were financially dependent on him. This is obviously a simplification and you shouldn't take legal advice from the Internet.
If you want to see the contents of the will you can enter a 'standing search' at the probate registry for a small fee. You would then be notified if/when a grant is issued. I think the search has to be entered at the registry where the grant is taken out- but it is a long time since I have done it so you'd be best to Google for info.

passtheorange · 16/02/2021 19:16

Even if a will has been found and mentioned by a relative, the solicitor still needs to check to make sure that it is the last will etc.

Original poster
Himsy · 16/02/2021 19:39

Thanks, everyone. 💐

OP posts:
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