Inheritance

[kaddams]

Hi, my father died recently, wanted property to go to me and sister but left no will despite me asking him to do so but he kept saying "there's no need everything goes to you and your sister". Three people listed on grant of probate, me, my sister, and father's step daughter (we get on with her but he didn't), now dealing with assent, obviously all 3 signatures required but fathers step daughter refuses to sign form until we agree to sign over 3rd if estate to her, now don't know what to do.

[Amethyst]

By 'father's step daughter' do you mean she is not his actual daughter ( just through marriage to her mum ) ?

Does his wife survive him ?

His estate will be distributed as per intestacy rules - so if no wife, and the stepdaughter is not his daughter, then it would go to you and your sister.

[kaddams]

Not related to my father, she was an adult and married before my father met her mother, mother died 2001.

[Amethyst]

In that case, unless he'd adopted your step sister she has no claim on his estate.

https://legalbeagles.info/library/pr...testacy-rules/

You can of course decide to split things three ways if you want to between yourselves but legally there's no requirement to.

Tagging Peridot to look in Monday to confirm.

[kaddams]

Thanks, you've just confirmed what we thought, unfortunately we are essentially stuck in limbo, can't proceed without her signature. It seems to me that she's basically trying to blackmail us into signing over 3rd of estate and for some reason our solicitor seems to be taking her side.

[Amethyst]

Any idea what happened to her Mums estate when she died ? Had she had a will do you know ?

[kaddams]

Mother didn't leave a will either.

[Amethyst]

Her estate would have passed per intestacy rules too. If her estate was under £250k then it would have all passed to your dad, as her spouse.

As at April 2017, if the person was married or had a civil partner, and they had children, the statutory legacy is up to a value of £250,000. In addition, the person’s personal belongings would pass to the spouse or civil partner. Any amount above the first £250,000 would be divided in half. One half will pass to the surviving spouse or civil partner, the other half will go to any children the person who died had, in equal shares if there is more than one child.

So, quite reasonably, she might feel she should see something from the estate if she saw nothing from her mums estate because it all passed to your dad.

Has the solicitor given reason why he/she feels the stepdaughter may have entitlement to a third ?

( just realised mother's estate would have been under the old intestacy rules - wouldn't make a difference if estate under £250k )

[kaddams]

Value of estate approximately £180,000

[lukewarm]

Hi, my father died recently, wanted property to go to me and sister but left no will despite me asking him to do so but he kept saying "there's no need everything goes to you and your sister". Three people listed on grant of probate, me, my sister, and father's step daughter (we get on with her but he didn't), now dealing with assent, obviously all 3 signatures required but fathers step daughter refuses to sign form until we agree to sign over 3rd if estate to her, now don't know what to do.

You say three people listed on grant of probate (it is properly called Grant of Representation as there was no will) but dad didn't leave a will,so all 3 of you must have applied for letters of representation - why did you allow her to be included in the application ?

In any case,as has already been said, the intestate estate will be devolved according to the rules of intestacy and as the step daughter doesn't inherit she gets zilch.

The Grant of Representation only gives those listed authority to administer the estate (nothing to do with who inherits what) and if the wicked step daughter wants to play dirty then sack your solicitor and get another one who will be fighting your corner.

Another idea is that you could telephone the probate office and explain all this and explore whether you can delete her from the grant,The probate office have seen it all before and are very helpful

[kaddams]

Yes my error, iris actually A Grant of representation

[kaddams]

And I am seeing another solicitor next week.

[Peridot]

Hi Kaddams,
I hope the solicitor sets out what possible claim, if any the step daughter has and the likelihood of her being successful. Then you can make a decision whether you wish to consider dividing the estate in any different way than following the intestacy rules. It is about weighing up the costs of defending any claim and the likelihood of the other party being successful.

Do make sure the solicitor understands the situation and what options you have. As Amethyst mentioned above she is probably a bit sore if she received nothing on her mother's death.

Here if you need any other pointers once you've had some more advice on your options.

[kaddams]

Thanks everyone for advice, seeing new solicitor on Thursday. I believe she already knows she is not entitled to anything as a few days after our solicitor received paperwork from probate office she received a letter from benefits office stating that it had come to their attention that she had an interest in an property, after speaking to solicitor they confirmed and wrote to the benefits office informing them that as a step child she had no claim on the estate. Have to wait and see what happens Thursday.

[Peridot]

Hi Kaddams,
Well that's something, she can't have it both ways! It will be interesting to hear what your solicitor says on Thursday.