Dad died in 2009 made to sign a no claim document - do I have any rights?

[PuzzlingRecluse]

Hi all

hoping this is the right place to post.

in 2009 my dad died, I have very poor relationship pretty much no contact with my mum. At the time he died I was late twenties, scared & upset. I was made to sign a no claim document by my mum. I never received anything from my dad’s estate.

I really regret signing this.

is there anything I can do now or am I way too late? I’m in England if it makes a difference.

If they were married then everything automatically passed to your mum unless there was a will specifically leaving you something. Was there?

What country are you in?

Was there a will?

Did he die intestate? I am assuming so. I'm not a lawyer and I don't know what that document is. But it sounds like you were relinquishing your claim on his estate.
I'd say given the length of time that it is going to be hard to raise this now. I'd walk away at this point. Unless he was very wealthy it was unlikely you'd have inherited that much anyway assuming youe parents were married

This is correct, unless there was a will, did you see a will OP? Did your dad ever say you’d specifically be left anything?

When my mum died everything went automatically to my dad as they were married, that is really standard to happen unless a different will has been made.

Have you found his will online?

Is he have a will?
What country are you in?
Is your mum still alive?
Do you have other siblings?

What age were you at the time OP??

RTFO pp.
It states where she lives and how old she was.

Use this link to find out if there was a will and probate and get copies. There will only be a will if probate was needed: https://probatesearch.service.gov.uk/ If there was no will use this link: https://www.gov.uk/inherits-someone-dies-without-will
Speak to a contentious probate solicitor ( most will give brief advice on the phone). Neither of the people who say the wife inherits everything are correct. It sounds to me like there was no will and your Mum knew she wouldn’t be entitled to the whole estate. You can find the ‘statutory legacy’ for 2009 here https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12122

This is not correct. It depends on the amount of the estate. If it exceeded a threshold then the children are entitled to a proportion.
You need to seek legal advice

Apologies this was wrong

Erm this just seems a bit ridiculous to me. I think this is one of those times where you’ve made your bed and you lie in it.

ETA - I do sympathise that you were scared and upset at the time, but realistically we’re talking about 16 years ago?

Do the words Deed of Variation ring any bells OP? That's the name of the document you'd have signed, but it could take the form of a simple letter saying that you wanted all your inheritance from your father's estate to go to your mother instead.

Arguing that you were coerced and the transaction should be reversed would be very difficult indeed to win, if not impossible given that it was 15 years ago and you were an adult.

This is just wrong because if the dad left over £125,000 then she ( and any siblings ) potentially have a life interest in what is left.

Not if she signed a Deed of Variation, agreeing a different arrangement

I'd be astonished if it could be overturned

It doesn’t sound like a deed of variation. It could be a valid disclaimer but it’s all speculation at the moment. I have give the OP the correct steps to follow to try to find out.

You need to get legal advice really as there could be a case that your mum unduly influenced you into signing to document and if the court agrees then it could be set aside.
you don’t necessarily need hard proof of undue influence but it would actually need to be true and able to be reasonably presumed based on the facts. All in all, some legal advice and youl know where you stand.

There will be lots of variables, so we need more info OP.

1/. Was there a will, if there was and probate was granted it will be available to view.

2/. What, approximately was the value of the estate, and the part you rejected.

3/. What exactly did you sign? it could have been a deed of variation or a deed to disclaim the inheritance, both would, if correctly worded remove your claim/entitlement, and unless you could prove you were coerced in some way, would be irrevocable IMHO, the passage of 16 years doesn't help either.

Did you actually read to end?

Maybe so, but to me I do feel 16 years later is a bit weird to be finally doing something about it. I have a feeling there’s more to it 🤷‍♀️

Myself and my siblings signed something similar.
Dad died with no will 20 years ago.
Now my mother has declared she is leaving everything (house, money) to one sister. Her choice but it leaves a bad taste in my mouth.

Adding to that a note of caution to the OP, nothing against solicitors, but, they quite legitimately charge for their efforts, if you instruct one to do some digging you could quite easily end up with a bill of hundreds of pounds and the answer that nothing can be done.

I would do as much legwork as possible to get a copy of the will and the document you signed and look for a free 30 min consultation, and at that time ask clearly about realistic chances of success.

Note that deeds of variation and disclaimers don't have to be lodged with the probate office in all cases (only where it effects tax if I recall), so its quite possible your mum has the copy of this on file. And what the probate office has may not reflect the legal reality if a deed was signed.

Get proper legal advice. No one here can accurately answer without all the correct details of the specific situation.

Is there a reason why you've left it so long?

Thanks everyone I appreciate the time taken for replies and all the helpful links.

For those asking It’s come up now through counselling sessions & has been in my mind since it happened.