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Inheritance question
highland paddy
Posts: 672 Forum Member
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If you have been estranged from a parent since childhood, and they go on to remarry and have other kids, are you entitled to claim any of their inheritance when they pass on?
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Is the 'legal' Spouse of your estranged parent still alive?
Are they both still alive and you just want a hypothetical answer?
You will need to supply specifics for a definitive answer.
The situation in Spain is even worse, where the law lays down what proportion you must leave each child. However, Spanish law excludes ex-pats from this, saying they fall under the law of their own country. Unfortunately, UK law says they fall under the law of the country they're living in.
That's not relevant, hopefully.
The main question is, is there a will?
If there is, does the OP feel they have grounds for contesting it? (Assuming the OP isn't included)
To be honest, I feel the OP would get the best advice by going to a solicitor, and laying all the facts before them.
In this case 'estranged' just means ‘living apart’.
It doesn’t alter a ‘legal’ entitlement; if there is one.
Then there could be a challenge to the validity of the will. If that resulted in the will being completely struck out, intestacy rules would come into play. That would give a large chunk to the legal spouse but some might be left over to be divided between all the blood children.
We haven't got a will, and should we both die, I would want our inheritance to go to our nieces. Call me nasty if you will but I wouldn't want some woman I don't hardly know suddenly showing an interest and claiming a stake on everything we have worked for, just because she is his daughter.
So if we got a will drawn up putting the inheritance totally to our nieces, would her claim as direct descendant mean anything?
Possibly. Among the people who can contest a will are:
"...any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;..."
Perhaps you should spend most of your money, or gift it gradually to the nieces, if you don't want her to get it or to contest the will.
Depends if there's a will or not.
If there's a will, whoever is executor carries out the wishes of the deceased as written in the will - the have to, by law.
If there is no will, this means the state decides how the estate is split. The spouse gets everything upto the value of £250,000 - regardless the deceased wishes.
This is why wills are so important.
My advice would be to make a will. Everyone should have one. If you don't, your estate will be divided as the state sees fit. Spouses come first as they are made automatic next of kin.
If you don't have a will things can get very complicated and very messy later on - especially when there's family feuds, second families and relatives after money. Things go a lot smoother when there's a will as it's your wishes and your wishes alone. It's also better if the executor is someone who's not a friend or relative, i.e. a solicitor or bank.
He isn't likely to die any time soon I'd imagine, but I'm just curious as to where I would stand.
It really does depend on whether there is a will or not.
If there is a will, his entire estate will be divided up exactly as it says in the will. You getting part of that depends on if you are included in the will.
If there is no will, the estate will go to probate and if the estate is worth £250,000 or less, the entire estate will go to his current wife.
https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will
Not if they have made a will and left you out and hopefully they have as you only seem to want their money :cool:
I'm entitled to the money cos the phuking rat walked out on me with no contact, so I will make sure I get it. :cool:
You are not "entitled" to anything at all.
It's your dad's money, property and estate, not yours. It's upto him and him alone what he does with it.
You want money? Go and earn it.
I earn money well enough thanks. I'm a graduate which is more than he ever achieved. If you think it's ok to abandon all responsibility for your children fair enough, I am merely looking for advice not your cretinous trolling.:p
You are not entitled to anything, if anything it is your mother who was entitled to child support.
However seeing as you were only 6 then how on earth could you know what exactly happened, and what was agreed between your parents?
You said your father gave up custody rights in exchange for not paying maintanence, which would indicate he wanted custody at some point?
But the fact is your mother made this agreement with him, and the agreement is that he does not pay YOU or your mother any money, so I have no idea what money you think you are entitled to?
Who's to say your mother didn't tell him to sod off?
As someone else put it, why not think about earning your own money instead of thinking you're entitled to something you're not?
Probably worth getting in contact with him to hear his side of the story. You don't have to believe him, but I've known a few men over the years who claim to have been sidelined and eventually cutoff by their exes.
Which YOUR MOTHER agreed to according to you.
I think if anything your anger should be directed at your mum for agreeing to let him walk away, in exchange for having full custody.
Such lovely language.
I haven't been trolling at all. This is a subject I know quite a bit about (through experience).
I answered your question (twice). As I've said, it really does depend on if your dad has a will.
I'm really not fond of you sense of entitlement, bitterness or use of language though. You don't come across well at all in this thread.
Please feel free to point out where I'm "trolling" in this thread. I'll ignore the appalling, offensive language you used.
Lucky her.
Your entitled to Nothing it has to be earnt. :cool:
But she still agreed to not have any of his money, so its your mother's fault that your father didn't provide for you as a child.
You are blaming the wrong person.