No will, inheritance and other concerns.

[Avi777]

Good day,

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.

[des8]

If you or your brother intend to apply for letters of administration, you are going to have to approach your late father's current partner, not only to ascertain their official relationship, but also to search his papers to trace his assets.
Of course it is entirely possible that they were married or in a civil partnership, in which case lacking a will , the whole estate will pass to his partner.

If they were not in an official relationship it is possible that everything he owned was jointly with his partner anyway, Again it could all pass to her.

If there is no will, and if there are assets to be passed on, the rules of intestacy apply https://www.gov.uk/inherits-someone-dies-without-will

[Avi777]

Thank you for your reply. I know he has a lot of shares but wouldn’t know where to start as I mentioned in my previous. What happens if his partner wasn’t forth coming in helping? I am also quite sure they were not married.

[des8]

For starters did he own or rent his own house?
If not rented check on land registry to see if he was the owner, cost £3
https://www.gov.uk/search-property-i...-land-registry

[Avi777]

As far as I know he jointly owned his house with his partner. They were not married either...

Not sure about the civil partnership

Therefore am I right in thinking his assets belong to my brother and I if there is no will? I imagine the state is owed a lot of tax too in this circumstance?

Is there anything that prevents my father’s partner just keeping quiet about there not being a will?

[des8]

If the house was owned in joint names, on the passing of your father it would belong solely to his partner and not form part of his estate for IHT purposes.

Regarding other assets that belonged solely to your father, if there was no will it is possible his surviving partner could make a claim under the Inheritance (provision for family and dependants) Act 1975.

Without a lot more information it is impossible to say if you and your brother should be sole beneficiaries, or if the state is owed any tax.

I think you should bite the bullet and broach the matter with his partner.
Obviously tread carefully, as she is bereaved and, I imagine, grieving.
She may not even be aware of what needs doing and welcome some help

[Avi777]

Thank you for your advice.