Awaiting intestate probate

[2cutekittens]

Hi All,
I am currently in the middle of an intestate probate as my husband died recently without a Will. I am administrator and my solicitor is dealing with the matter. I have 2 adult step sons who are not happy with intestate rules. After not hearing anything from step sons since just after the funeral 8 months ago, they have suddenly with no warning got a solicitor and sent a letter to mine asking for details of everything and for nothing to leave or be distributed until they finish their investigation and a deadline of 10 days.
My solicitor feels they are "fishing" but it could turn into a contencious probate and I would then have to get another solicitor who could deal with it.
My question is can the 2 step sons really change the rules of intestacy ?
They get a fair share of the inheritance as it stands, plus extra money left to them in a trust which i am the trustee of and can release it to them, but they want it all as they are the last of their family and want their family inheritance without a "stepmum" in their way. We all used to be friends until now !
I am not on title deeds of house. I will only get what intestate rules allow, but I will be in a position to buy our home and not have to leave, I then intend to leave the amount of money my husband paid for this property, in my Will to his sons. Their problem is that I am only 20 year older than them and they think they could die before me therefore not getting their "rightful" inheritance.
Do you think they have grounds for changing intestate rules ???
many thanks

[atticus]

Were these stepsons in any way financially maintained or supported by their father as at the date of his death?

[atticus]

My question above goes towards your question -

My question is can the 2 step sons really change the rules of intestacy?

The answer to that question is that the Inheritance (Provision for Family and Dependants) Act 1975 allows for certain persons including children of the deceased to apply to the court "on the ground that the disposition of the deceased’s estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant". So yes, the law of intestacy can be varied or disapplied.

The Court would have to look at whether the applicant (i.e. each son) is receiving "such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance".

That is why I have asked whether they were in any way financially dependent on the deceased. If not, then it would appear that there is no reason to disapply intestacy law rules.

[2cutekittens]

Were these stepsons in any way financially maintained or supported by their father as at the date of his death?

No they were not dependant. they live away and have jobs

[2cutekittens]

My question above goes towards your question -

The answer to that question is that the Inheritance (Provision for Family and Dependants) Act 1975 allows for certain persons including children of the deceased to apply to the court "on the ground that the disposition of the deceased’s estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant". So yes, the law of intestacy can be varied or disapplied.

The Court would have to look at whether the applicant (i.e. each son) is receiving "such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance".

That is why I have asked whether they were in any way financially dependent on the deceased. If not, then it would appear that there is no reason to disapply intestacy law rules.

many thanks for your replies.