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Will and inheritance

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  • Will and inheritance

    Good evening,

    My dad passed away at the beginning of April 2019. He was separated from my late mother. Before his funeral we had never met his partner of 30 years before or her family. As far as I know they were not married.

    I keep looking on the Gov website regarding any probate that has been granted. However upto now 5 months on I have not seen that probate has been granted. I am now wondering if he even had a will. Myself and my brother are his only blood relatives apart from his mum who does not have any capacity anymore and is cared for around the clock.

    I am therefore wondering how I can proceed. I obviously do not like directly asking his partner whether there was a will and further if there wasn’t I would not know how to proceed as I don’t know his assets, debts and who would be the beneficiaries etc.

    Thank you in advance.
    Tags: None

  • #2
    The granting of probate usually takes between 3-4 weeks to be received. The remaining probate process usually takes up to 6 months to complete but can easily go past 12 months. The revenue and customs authority can take up to five months to process capital gains tax and the inheritance tax
    You say you would not want to approach your late fathers partner. However, It may be worth just approaching her informally. She may be thinking the same as you are and wondering how to proceed.
    There are many unanswered questions here;
    Were they married? did they own a property jointly ? was there a will ? Have they applied for letters of administration if no will?
    An administrator is someone who is responsible for dealing with an estate under certain circumstances, for example, if there is no will or the named executors aren't willing to act. An administrator has to apply for letters of administration before they can deal with an estate.
    If the informal approach fails then you should consult a solicitor if you think you and your brother are being denied any inheritance.

    Comment


    • #3
      You could try an online search of the marriage records.

      https://www.freebmd.org.uk

      I don't think it's definitive. It does not find my marriage, but I know I did get married. Still worth a try.

      Of course, if your parents separated but did not divorce, there definitely ought not to have been a subsequent marriage!

      Comment


      • #4
        That link seems to add a nasty little extension to your browser so I would be wary. It also only runs up until 1993

        Remember as well, they could have been married after your Mother died and that would have been completely legal.

        Comment


        • #5
          You are so right. Indeed, the OP said 'late mother'.

          Comment

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