Hi all. My daughter`s partner`s mother died recently without making a will and her husband who is a very unpleasant character and not the father , is making life very difficult for my daughter`s partner, not allowing them to have anything personal, not even things like photographs let alone anything that may have any value such as jewellery. There is no point starting a fight that is going to be lost so before I get involved are there any solicitors or informed folk on here who know the law? As there was no will does the estate pass to the husband or to the child ? Thanks in advance David
Some of the rules have changed . My Grandfather died without leaving a will ( cough ... I shall say nowt). His money and belongings then passed to my gran. However my Gran had dementia and was not fit to manage it. When she died again no will . Everything went to my Dad ( the child) he had a brother who died. Now my Dad assumed he got everything. Only to find out he had to give half of everything to his brothers children. It's all got a lot more complex. If there is no will.. Then things could be complex . I take it the husband is power of attorney? If I was you I would grab a 30 min free appointment with a solicitor . Lots offer it. Or if you got to your local CAB office they have a list of those that do. Look into it as it may not be simple but if you get all the details prior to appointment they will be able to set you straight! That's really sad when people won't let you have a couple of little things .
hi Hell l. Have just started to look into wills for both myself and my partner Find a reputable solicitor that specialises Not the drop in type will shop ,they are mostly staffed by unqualified persons just to take your money and run Steve B
Why do people give so littleattention to their Wills People if you don’t have one - do it NOW Yes I again would say go to a reputable solicitor - go with a recommendationrather than an Internet search
I feel for you David as have experienced similar. I found the CAB very helpful as Melanie said and often Solicitors will help you initially free of charge with advice but as said, probably best to try 2 or 3 before you decide if you can't get a recommendation (as said). I am guessing that your daughters partner has to act alone and doesn't have brothers or sisters to share the load with.
Sorry I meant a proper family solicitor ... Not those one stop will shops. The ones CAB gives out for 30 mins session to ask questions about law are family solicitors who deal with Death , Divorce and such
Some times people have wills that are then " lost" .... Especially elderly people I have to do one However I have very little . Family would be fighting over " I'm not having that!!!!" I really should do one ..
If you die without making a will, then the rules of intestacy pretty much control what can be done and by whom etc. @Dukesox, you could read this for starters Citizens Advice - Who can inherit if there is no will
You need a lawyer that specialises in Executorys / Tax. Also, where was the deceased domiciled, Scotland or England? If it's Scotland I can provide some high level advice as my mother was a tax lawyer in Scottish Law, but has been retired since 98. I think children get legal rights (in Scotland you do) which enables them to put a claim against the estate if there is no will and if there is no provision for them in the will. Take sentiment aside though, if there's nothing to be gained dont bother as lawyers like 'conflict' as it makes them money!
Thanks to everyone for replying, particularly Bianchi with the Citizens advise link. It said pretty much what I thought but I called a specialist solicitor to check and she confirmed that in the absence of a will the spouse gets everything up to the first £250k so I will have to hope for my daugter`s and her partner`s sake that he sees sense and has the decency to allow them to take some sentimental items like pictures , if nothing else. Anyone else reading this,as a couple of people have said, make a will. It can save loads of hassle at a bad time. Cheers.
You also need to consider what type of will you make, I have one that when I shuffle it all goes into trust to be administered by trustee in her indoors best interest this will prevent social services sticking her in a care home and using my estate to pay for it.
By all means make a will. But better not to make a complicated "Lady Bountiful" will leaving various bequests to various people or charities but leaving little or nothing to your dependants. If you do the will may be contested, and all the money in the estate could end up being consumed by the costs of the litigation so nobody gets anything. I've seen it happen. Keep it simple, keep it sensible.
Also, if husband and wife are 'joint tenants', regardless of what the Will says, everything goes to the surviving partner including contents of joint accounts.......although some small bequests up to approx £2500 for grandchildren are recognised. (This is basically the way the State, Care Homes, Social Services get hold of the cash if one dies and the other is in a home). The way to avoid it, is that husband and wife are 'tenants in common'....then the Wills can be written so the estate goes to whoever the deceased party willed it to go to. AL
I've just had to arrange this for my dad. He has mesolethemia and regrettably is on countdown. My mum has the beginnings of dementia and will most likely outlive him and will have to go into care. This has been done so the state don't get everything to pay for that care. It's a horrible thing to have to arrange but it had to be done :-/
