where do we stand if there is no will?

Question

my mother remarrried 35 years ago so my step-father has been in my life for 45 years im now 50, sadly mum passed away 2 years ago and now my step father is very poorly, he has a son he has nothing to do with, i have never met him but he has not made a will, there is a lot of money still of my mums and his where do i stand will it automatically go to his son

we are all in the united kingdom

Answer 1

If there is no will, there is nothing to go to Probate!
In the UK, there are rules of intestacy which determine how the estate of a deceased person are to be divided on death. See this link for these rules:
http://www.huntlycomputers.co.uk/rules-of-intestacy.html
As you can see, its a bit worrying!
I can only suggest you try and talk to your step father about this and get him to make a will. If he realises that everything will go to the son he never sees, it may make him take action. I'm sure you can find a solicitor who will visit your step father at home to draw up the will if he is too unwell to go out.

Answer 2

If there is no Will, once all debts have been settled, any balance goes to the next of kin who, presumably is his son. when your mother passed away, if she in turn did not have a will, then her assets would have gone automatically to her next of kind, her husband, your stepfather. You do not say whether you were adopted by your stepfather which would make you a next of kin also. I think you need to ask a probate solicitor's advice about this. I know it's a terrible subject to bring up but arguing about money after a death breaks up so many families at a time when they should become closer. If you are on good terms with your stepfather, cannot you broach the subject of making a Will. Even when someone thinks they have no assets and it its not worth while, it does make things so much simpler.

Answer 3

i think it might be a case of coming forward and trying to claim for certain things.i only recently found out that for example if a man was to die and hadn't left a will then it doesn't automatically go to his wife even if they have been married for 50 odd years.other family members could come forward and stake a claim saying "oh well he wanted me to have this or that".you should definately be entitled to something if when your step father passes away.

Answer 4

my condolences on the passing of your Mother.

***
since you omit to mention where she lived, we can not offer much more advice.

Clearly, someone has to be appointed to administer your Mother's estate (since her husband is 'very poorly'). If there is no immediate relative living in the same area and willing/able to serve, the Court will appoint a local solicitor to undertake this vital role.

As one of your mother's children, you are vitally interested in how this solicitor does his job and what the laws say about who shall inherit and when.


may the Lord bless your actions on this,

Answer 5

In most cases it would go to the next of kin, his son, unless he had a will. Did he by any chance adopt you when he married your mother? My condolences to you, I lost my mother last year. My suggestion would be to contact a lawyer, most have free consultations. God Bless you and good luck,

Answer 6

The proceeds of his estate will go to probate then on to his next of kin.ie his son.You must prove that you are a contender here and contest any action that is taken.You must see a Lawyer at once.

Answer 7

If there is no will, I beilieve it goes to probate and the courts decide. Are you sure he has no will ? Can you speak to him about it and get him to do something ? You should go and see a solicitor and get some advice.

Answer 8

It ends up in probate, hopefully it is not fought as it gets tied up with relatives coming out of the woodwork

Answer 9

if no will it goes to probate blood relatives will come first.step children may not claim unless kin cannot be found.

Answer 10

get him to write a will soon before its too late, good luck