Intestancy advice please

[Claire127]

Hello all. I am hoping for some advice in challenging intestancy rules please. My adult child passed away earlier this year and all but one of his payments has been made to me (single mother) with the final now asking for letters of administration (forms yet to be submitted). From many conversations we had he clearly believed that any monies would automatically come to me as his father has not been part of his life (reappearing on the doorstep every 5 years for 1/2 hour or so and then disappearing again). In my sons words "he is no more than a stranger to me"). He is not mentioned on the birth certificate, however, he knows he is the father (though he did not accept this for child support purposes in the early years and never contributed) How do I handle this please? Is there anything I can do? My son would have been horrified at the thought of him receiving a penny. He was so young and didn't write a will unfortunately. Thank you.

[des8]

Condolences on the loss of your son.

Who is dealing with your son's estate?
Was your son married?
What payments are these that you have been receiving?
Who requires to see letters of administration?

Has his father indicated he intends to make a claim against your son's estate?
In any event he will have difficulty proving his paternity as he is not mentioned on the birth certificate and denied it for child support purposes

[Claire127]

Condolences on the loss of your son.

Who is dealing with your son's estate?
Was your son married?
What payments are these that you have been receiving?
Who requires to see letters of administration?

Has the father indicated he intends to make a claim against your son's estate?
In any event he will have difficulty proving his paternity as he is not mentioned on the birth certificate and denied it for child support purposes

Thank you so much for replying des8. I am dealing with the estate (not officially, but as they never married and had no children I am the only 'real' next of kin). So far, I have received group insurance payment, last salary and bank account monies. The final outstanding is a lump payment from pension company and they insist they will not pay without letters of administration as a beneciary was not nominated. He knows he is the father (despite denying it for financial reasons many years ago) so I don't know how to complete the forms. So far he is totally unaware of any inheritance, but could he take me to court later? Thank you in advance,

[des8]

As you are dealing with the estate do make sure you keep accurate records of money & assets received and expenditure made

So your son had a partner, but not in a legally recognised relationship, and had no children.
so legally the estate is split between you and the father.

If you ignore the father and keep or give away the money, yes in theory he could sue you for his share.
However he would need to prove he was the father, and this might be difficult for him as he is not on the birth certificate and denied it earlier.

Is there any intention to pass your son's estate (or part of it) to his partner?
If so, to protect her share from his father, perhaps you should consider varying the intestacy rules.

[Claire127]

Apologies, by 'they' I meant my child who was single. I think I will have to fill in as father unknown and hope this is accepted (though I worry this may lead to more questions). It's all so very stressful.

[des8]

If you deliberately complete the form incorrectly and his father finds out, is he likely to report you?
Rather than run the risk of telling an untruth to the probate registry ( which is a division of the high court and don't take kindly to being deceived) I would complete the form truthfully.
Keep accurate records (don't forget that every penny you spend as executor is deducted from the estate as your expenses) and then keep what would have been his father's share separately.

Bear in mind that pension lump sum payments are not generally part of the deceased's estate