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inheritance (estranged father)

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Hi guys, does anyone know anything about inheritance from estranged parents. My OH father died 16 years ago. His father and mother divorced 6 years prior to that and his father re married and had two … Read More
msjames Avatar
10m, 6d agoPosted 10 months, 6 days ago
Hi guys, does anyone know anything about inheritance from estranged parents. My OH father died 16 years ago. His father and mother divorced 6 years prior to that and his father re married and had two children from that marriage. After the divorce the new wife didn't allow my OH and siblings to visit and caused trouble each time they tried so after a while they became estranged. As far as my OH knows there was not a will in place but his father had numerous properties. My question is would my OH and his siblings have a right to a share in his assets and if so where would we start. (Total novice)
msjames Avatar
10m, 6d agoPosted 10 months, 6 days ago
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banned#1
Without a will it all passed to his new wife & then from there to whoever she wants in her will.

Else you have to go to court & prove he wanted your partner to benefit.

Edited By: YouDontWantToKnow on Aug 18, 2016 00:04
#2
YouDontWantToKnow
Without a will it all passed to his new wife & then from there to whoever she wants in her will.
Else you have to go to court & prove he wanted your partner to benefit.
Only the first 250K (more in Scotland) apparently.

See link here.

Edited By: SUMMONER on Aug 18, 2016 00:13
#3
Agree with YouDontWantToKnow unfortunately. Any will that existed before the second marriage would have been invalidated by the marriage. If no will, everything passes to the legal spouse.
banned#4
SUMMONER
YouDontWantToKnow
Without a will it all passed to his new wife & then from there to whoever she wants in her will.
Else you have to go to court & prove he wanted your partner to benefit.
Only the first 250K apparently.
See link here.

Excellent find.
#5
blueberry27
Agree with YouDontWantToKnow unfortunately. Any will that existed before the second marriage would have been invalidated by the marriage. If no will, everything passes to the legal spouse.

YouDontWantToKnow
Without a will it all passed to his new wife & then from there to whoever she wants in her will.
Else you have to go to court & prove he wanted your partner to benefit.
Ahhh I see, thanks for the info. Because they were estranged I don't think we could prove that. Bit unfair really :|
#6
SUMMONER
YouDontWantToKnow
Without a will it all passed to his new wife & then from there to whoever she wants in her will.
Else you have to go to court & prove he wanted your partner to benefit.
Only the first 250K (more in Scotland) apparently.

See link here.
Thank you,
banned#7
msjames
SUMMONER
YouDontWantToKnow
Without a will it all passed to his new wife & then from there to whoever she wants in her will.
Else you have to go to court & prove he wanted your partner to benefit.
Only the first 250K (more in Scotland) apparently.
See link here.
Thank you,

You should see a solicitor on the basis of what SUMMONER posted.
#8
YouDontWantToKnow
msjames
SUMMONER
YouDontWantToKnow
Without a will it all passed to his new wife & then from there to whoever she wants in her will.
Else you have to go to court & prove he wanted your partner to benefit.
Only the first 250K (more in Scotland) apparently.
See link here.
Thank you,
You should see a solicitor on the basis of what SUMMONER posted.
I was just thinking that as his father had a few properties that he is aware off. These properties are based in London and surrounding boroughs. So I'm assuming they exceed the 250k value. But if that was the case surely he would of been contacted by now to be notified of entitlement.
#9
The divorce would have distributed assets fairly at that time to take account of the children, and the estranged children don't rely on him for financial support.

You could search the Probate Register initially to find out if a Will had been lodged.
#10
This is something you really need to seek formal legal advice on. This isn't to cast aspersions on anyone who's contributed to the thread, but on the off-chance they're wrong, you could miss out badly. Many law firms offer free consultations, if you Google around.
#12
from what you say the answers all depend on whether the deceased left a will or not and when that will was written. Those are the first 2 questions that need accurate answers to - not just vague recollections.
Start your search here:-
https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records
Of course, that all depends upon whether the executor of any will filed for probate. In your case I find it difficult to believe that a wills executor could wind up the estate of the deceased without applying for probate. And if no will was left, I would find it equally difficult to believe that the deceased administrators could deal with the estate of the deceased without applying for probate - so your search should find something.

Once you have found something - then you can start to ask all the other questions you need answering.


Edited By: tardytortoise on Aug 18, 2016 15:28
#13
Thankyou for all your answers. I did look into the probate register and he was there and we are in the process of consulting a solicitor. He may be entitled to something he may get nothing only time will tell. Thankyou again for all your help we are now a little more informed and can hopefully get the ball rolling. Thanks
#14
msjames
Thankyou for all your answers. I did look into the probate register and he was there and we are in the process of consulting a solicitor. He may be entitled to something he may get nothing only time will tell. Thankyou again for all your help we are now a little more informed and can hopefully get the ball rolling. Thanks
you may not need a solicitor just yet. I think you can just pay a tenner which gets you a copy of the will and I think probate docs. Once you see these documents you should be in a better position to tell whether the executors carried out their duties in accordance with the will and the law.
banned#15
So someone's died and they've got some cash and you're pondering how's best to get your hands on some of it..
#16
tardytortoise
msjames
Thankyou for all your answers. I did look into the probate register and he was there and we are in the process of consulting a solicitor. He may be entitled to something he may get nothing only time will tell. Thankyou again for all your help we are now a little more informed and can hopefully get the ball rolling. Thanks
you may not need a solicitor just yet. I think you can just pay a tenner which gets you a copy of the will and I think probate docs. Once you see these documents you should be in a better position to tell whether the executors carried out their duties in accordance with the will and the law.

Thankyou, yes I did order the documents yesterday.

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