Distributing assets after probate, potential claim against

[Gnoble17]

I am an estranged only daughter of the deceased. My father had a partner of 20 years.

I received probate back in December, before this there was notice of a potential claim against the estate by his partner.

I have no objection to considering settling this amicable. This is not my issue.

My issue is the partner is very difficult to deal with (not obstructive but very slow to the point I'm not even sure she will make a claim). Thus far I have had chase her to actually pay her money back for the wake etc... All very strange.

She has moved out of the house which was in my dad's name only (she didn't pay to mortage) and now rents 400 miles away with no intention on returning.

May question is, since a claim has not actually being made and has only been alluded to do I now wait indefinitely for the claim to come to fruition or does the 6 months rule apply? I know this is a guide but I have a feeling that she may never make a claim and that this could pitnially go on for a long time of there is no end date as such.

My father died in March 2024, she asked my aunt to find me in the August and I have been dealing with it since. She works, and although in know it must be tough losing a partner I am not aware of any reason with her health etc.. That would be hindering her claim, it's been nearly a year now for the to gather the evidence she needs. According to family who know her this behaviour is not unlike her, I actually do not think she is trying to obstruct anything but her inaction is very much the opposite to my approach to matters.

Any thoughts would be appreciated.

[Pezza54]

You are right a person has 6 months after the date of probate to make a claim challenging the will
Were they in a civil partnership?
Did your father leave a will, and if so, were you the named executor in the will?

Your father's partner may not have found out about the contents of his will until recently. Has she been left nothing in the will?
Are you the only beneficiary in the will?

[Gnoble17]

Pezza54 no will. I was contacted and applied for letters of administration as I am his only child.

She has known this from the start. He had a very long drawn out death from cancer amd chose not to make a will. No idea why, I knew he had died but assumed as he had a partner of 20 years he would leave a will to leave everything to her. This want the case and a company was instructed to find myself so probate could be started.

[Gnoble17]

Just add they were not married

[Pezza54]

Under the rules of intestacy, and as the only child, you legally inherit the whole of his estate.

If you think this is unfair on his partner of 20 years, who supported him during his prolonged illness and would have contributed to the upkeep of the property, you could consider a deed of variation to the intestacy rules.

You would need the agreement of his partner to the principle of a variation and agreement on how much is a fair settlement. This route should avoid a costly court claim. The deed of variation could be drafted to this effect

[Gnoble17]

Pezza54 I would ask for you to read my questions again. At no point did I say anything about her rights. in fact I said I chase her to pay for things. I actually expect a claim but I am asking what happen if she doesn't make one. I hope she does in a timely fashion so we can sort this.

I am a child that he wanted nothing to do with since birth. I have met h once to my recollection, he was never stopped from seeing me, he chose not to. I purposely kept my own emotions out of this originally but it seems you think everyone has no heart and just wants everything they can get.

[Gnoble17]

The property isnt habitual, it's hasn't had anything done to it in 30 years my dad owned it. Their money went on alcohol.

[Gnoble17]

Inhabitable

[Gnoble17]

Pezza54 I think I your reply wrongly. Sorry, you weren't being antagonistic, I thought you were implying I was being unfair to her. This is an emotional subject as you can tell, I apologise again.

[Pezza54]

You have posted on a legal forum asking for advice. You did ask if "the 6 months rule apply?"

If you gift money without a formal deed of variation she may still start a court claim at a later date

[Gnoble17]

Pezza54 I did and thank you for the advice. My solicitor is no help. I wasn't aware their was such a deed, perhaps they would have mentioned it when/if she claims.

The issue I have is knowing what is fair, to us both. I haven't even met her but know her and my late father's life revolved around alcohol. I am by no means wealthy and this money would help myself, my husband and our childten a great deal. I just wish she would make the first move as honestly I also don't want to start haggling over this, which I fear may be the case of I do as my solicitor suggested and offer her a sum of money I think is fair. I have no way to judge fair unless she sets out her own claim and the reasons as to why.

[Pezza54]

My advice is to speak to her or write a letter or email
Thank her for looking after your dad and arranging his funeral
Say you were very surprised that he never made a will and you feel embarrassed inheriting everything under intestacy rules.
Mention you would like to gift her some money from his estate when the property is sold
See how she replies. She may answer a very small sum or possibly nothing at all. You could be surprised
Better to avoid a court claim if you can

[Gnoble17]

Pezza54 Whilst I do understand that would be the thing to do in some situations, that is just looking at it from her point of view. The fact is I know nothing about her. I'm not going to thank her for looking after a man that disowned me or for arranging a funeral fro her own partner. I've never met her and I don't know anything about her situation, I do not have any relationship with her, she is a stranger, as was he.

I see us as being in similar situations, she has his private pension by the way also. I wasnt supported as a child, financially or mentally etc.. And she hasn't been provided for on his death. Although I emphasise I don't see how it is my responsibility to offer to her. Be all means if she does come forward and has evidence for a claim I will settle, hopefully we will both be happy. But this is not my responsibility, this is hers, or more importantly it was my dad's who chose not to sort any of this before his death.

Sorry if that seems harsh but I know how ever much money I inherit from the house sale it will 100% be used to support my family, his relatives and I feel I am entitled to that.

[Pezza54]

That is your choice and you have chosen to wait and see if she makes a claim. Hopefully she won't, but be aware if she does, legal costs may be added to her claim

You did say you had to reach out to her to pay her the funeral costs
You must have asked her how much these expenses were

[Gnoble17]

My solicitor is waiting for a response form an email we have sent, I'm expecting to come to an agreement after this, if we do receive anything that is. But thank you for clarifying if the 6 months from date of probate still applied as I have asked my solicitor 3 times now with no reply.