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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:
Himsy · 03/05/2021 20:03

@UpTheJunktion

Really sorry Himsy.

Well - he did himself out of having the happy relationship he could have had with his children and grandchildren.
What a huge loss he imposed on himself.
It's hard to imagine that he died in anything other than misery - but maybe the thought of a blue passport consoled him in his lonely life.

His loss.

But I am sorry he chose to withhold the support that could have meant so much to you in practical terms.

Ha, quite. Bet he didn't even get a new passport, either.

Thank you. It would have made a HUGE difference to my children's lives. Instead he's gifted it to children he doesn't even know, who don't even need it.

OP posts:
Himsy · 03/05/2021 20:05

@isthismylifenow

Absolutely OP. It was his loss. You sound lovely and I'm quite sure you're DC are just as lovely and you will move forward without his money. Yes it will have helped short term, but I think I'd sleep better as night knowing I took not a thing from such a toxic person.

Flowers

Thank you. Well, currently very frazzled and not sleeping great, but yes, we will be ok, somehow. Flowers
OP posts:
Himsy · 03/05/2021 20:07

@BrodieKD

I could be wrong but I thought in Scotland children can contest the will and they'd receive a share of a third. So say you were one of 3 siblings you'd be entitled to a third of a third of the estate. I'm going through with my grandfathers estate and my estranged father who was also estranged from my grandfather. Please correct me if I'm wrong - any help would be much appreciated.
I don't know. But I'm only in Scotland for two more weeks. And I'm English, as was he, and he lived in England. I think it's a lost cause for my siblings and me.
OP posts:
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