Step children trying to claim on dads estate

[Mamia2]

Hi, can anyone clarify a situation for me ;
Dad died and has left will naming his biological children as beneficiaries and has not left any mention or monies to stepchildren
Their mother died over 20 years ago and died intestate and dad used solicitor to get letters of administration and everything passed to him . He made his will at the same time with no imput from anyone else.
Step mother had made previous will before remarrying my father but this was obviously invalid on her remarriage and therefore she died intestate. She only named her own children in this will and left out her other biological children with my father!
My father has not been in contact with his step kids since their mother died and in fact hardly saw them when she was alive and really had no relationship with.them . He has not provided for them emotionally or financially and they are very much adults- near retirement age.
They did not attend funeral however since the funeral they have contacted my sibling and asked what is happening to the property and that he needs to be sold and proceeds split .
My concern can they contest my Dad's will and wishes , I know my Dad had his reasons for not including them however I dont believe he will have written anything down so it would be my word against theirs.
Probate applied but not granted yet.
Thanks in advance for any help with this .

[des8]

you say your father was granted letters of administration, so claims under the inheritance Act should have been lodged within 6 months of that grant.

as he didn't adopt them, or support them during the past 20 years they will probably have difficulty making a valid claim now

[Mamia2]

you say your father was granted letters of administration, so claims under the inheritance Act should have been lodged within 6 months of that grant.

as he didn't adopt them, or support them during the past 20 years they will probably have difficulty making a valid claim now

Thanks for that info , appreciate it as this is worrying me lots as I am the executor

[chrisathome]

"Step mother had made previous will before remarrying my father but this was obviously invalid on her remarriage and therefore she died intestate. She only named her own children in this will and left out her other biological children with my father!"

It sounds like a good reason to take advice when making a will. I wonder if your stepmother thought the assets she brought to the marriage would remain hers, therefore she intended to leave her estate to her own children, knowing that your dad was going to leave his estate to his children? In which case you're lucky your dad survived her. You say the marriage "obviously" invalidated her will, but of course things are only obvious when we are aware of them.
It sounds unpleasant, I'm sorry the only help I can supply is to offer a different perspective.

*

[Mamia2]

Upsetting situation as I didn't realise people could challenge wills, also step mum left her own children out of her will which I know upset them greatly when they found out.
I know my dad had reasons why he didn't include step children which I won't go into on public forum .*
I would just like to understand if they have valid reason to contest the will and has anyone else been in that situation .
Also another question , when probate is granted , how long should I wait until I give assets to beneficiaries . Thanks*

[des8]

The persons who can make a claim using the Inheritance Act is quite limited.(http://www.legislation.gov.uk/ukpga/1975/63/section/1) and from your postings I doubt they have a valid claim.
However cost of contentious litigation is very high and some would lodge a claim hoping the executor will negotiate a settlement before court action commences.

You shouldn't distribute the estate until 6 months after the grant of probate as claims can be lodged up to that time

[Mamia2]

The persons who can make a claim using the Inheritance Act is quite limited.(http://www.legislation.gov.uk/ukpga/1975/63/section/1) and from your postings I doubt they have a valid claim.
However cost of contentious litigation is very high and some would lodge a claim hoping the executor will negotiate a settlement before court action commences.

You shouldn't distribute the estate until 6 months after the grant of probate as claims can be lodged up to that time

Thank you for taking the time to reply. I have discussed with the beneficiaries re the 6month wait before I distribute and they are fine with that. I dont understand how they could really have a valid claim as they havent lived in the family home for probably 40 years and my Dad has not helped them financially during that time. I did speak to all beneficiaries and none wish to change my dads wishes and none want the step children to receive anything* from my Dads estate.
I presume I as executor would have to be informed if they put a claim in *

[des8]

Oh yes, if a claim is made you will be told!
As executor (personal representative) you have to remain neutral in the event of a claim,
This is because the executor owes fiduciary duties to the beneficiaries of the estate, whoever they turn out to be

[Mamia2]

Oh yes, if a claim is made you will be told!
As executor (personal representative) you have to remain neutral in the event of a claim,
This is because the executor owes fiduciary duties to the beneficiaries of the estate, whoever they turn out to be

im just hoping things just go smoothly and they realise the difficulty of contesting his will.*
I will update if things progress

[Mamia2]

Probate has gone through , very quickly , just wondering am i able to distribute some iof the capital as one of my siblings is struggling for cash due to covoid and not working or do I have to wait 6 months . thanks

[des8]

You are executor and may distribute the total if you so wish.
However if a successful claim is made against the estate,you might be looking to recover some of the legacies from the beneficiaries.
If the beneficiaries are unable to return the legacy ('cos they spent it!) you as executor might have to make up any shortfall.

It is not unusual to make partial distributions, but obtain from the beneficiaries their agreement to return the legacy if required because of the possible pending claim

[Mamia2]

You are executor and may distribute the total if you so wish.
However if a successful claim is made against the estate,you might be looking to recover some of the legacies from the beneficiaries.
If the beneficiaries are unable to return the legacy ('cos they spent it!) you as executor might have to make up any shortfall.

It is not unusual to make partial distributions, but obtain from the beneficiaries their agreement to return the legacy if required because of the possible pending claim

Thanks for prompt response, I am thinking of contacting a solicitor to see if they think there is any validity to a potential claim from step children*

[des8]

If you do, could you let us know the outcome please as it may help others?

[Mamia2]

If you do, could you let us know the outcome please as it may help others?

Yes , I will post if I get any information. Logic tells me they shouldnt be able to as not lived with, seen my dad or had any financially involvement with him but sometimes the law says different*