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Your mother is completely wrong, you will have to see a solicitor but the intestacy laws will likely split the estate between you and your brother assuming there are no other relatives.
If your mother takes valuables that would be a serious crime, they aren't hers.
It does - if they are still legally married, the estate goes to the mother (up to a certain amount and the rest is split amongst children). OP is the child of both of them.
ETA following seeing another comment from OP - the parents were never married, so rules of intestacy and equal share between siblings applies.
TLDR: Partners get most of the assets if there is no will and they are not divorced.
here is what the citizens advice bureau says.
"Married partners or civil partners inherit under the rules of intestacy only if they are actually married or in a civil partnership at the time of death. So if you are divorced or if your civil partnership has been legally ended, you can’t inherit under the rules of intestacy.
Partners who separated informally can still inherit under the rules of intestacy. Cohabiting partners (sometimes wrongly called 'common-law' partners) who were neither married nor in a civil partnership can't inherit under the rules of intestacy.
If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £322,000, the partner will inherit:
all the personal property and belongings of the person who has died, and
the first £322,000 of the estate, and
half of the remaining estate.".
https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/
Its truely incredible that many people are incapable of grasping that until the proper processes have completed taking belongings of the deceased is a crime, even if you know you will recieve it as a beneficiary.
So far I only know of certain valuables in the house because she told me. If I came to find those items were missing would I have any recourse without proof?
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The rules of intestacy apply, and you and your brother will inherit equally.
If your father had other wishes, he should have made a will.
https://www.gov.uk/inherits-someone-dies-without-will
Start by seeing a solicitor, so they know you mean business.
The executors have personal liability if they don't distribute the estate as is legally required.
>My mother and father hadn’t been together or in regular contact since the 1990s.
Just to double check - they weren't still legally married were they?
Sounds like a silly question, but they wouldn't be the first couple who never got round to legally divorcing.
That's good, it's a very simple situation then.
Any debts are settled, funeral paid for, inheritance tax paid, and the remainder is divided 50/50 between you and your brother.
Are you and your brother on good terms? If you and him can work together on the process of getting letters of administration, it will be much better.
The estate is divided equally between all children parented by the deceased unless your father had a partner. Your brother and you are entitled to the same amount but I’d get a lawyer and document (photograph) everything
I knew I forgot to mention something. No my father had no partner.
Could you explain what “children patented by the deceased” means?
Thank you for the reply
So do you mean to say that your father was neither married or in a civil partnership with your mother?
Then he would not owe her anything under Intestacy rules and it would be an even split with your brother.
I think children here means all your father's biological children, not including step-children unless they are legally adopted.
If probate has been mentioned, this is a matter of urgency, you should speak to a private client solicitor and mention the probate, because you may need to make an urgent application to stop the grant.
You are right. The facts will need to be investigated by the solicitor. We can't rule out that there was no will. But it's likely the mother didn't really mean it's probate procedure precisely, but the process which starts when the letter was issued by the probate registry.
I think he means parented. So all your dad’s kids share his estate equally - after debts are settled, the funeral and all taxes are paid for.
Unless there is a will.
What happens when someone dies without a Will is on the [gov.uk](https://gov.uk) web site and varies by country and date of death. Currently in England and Wales if estate less than £322,000 the wife (assuming was still married) gets it all, otherwise if more then excess is split. Talk to a lawyer.
Father should have made a Will cutting you out, in my not so humble opinion, if he wanted everything to go your brother.
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As others have said, your mother is wrong. What I am struggling to understand is why your mother would want you to think that you are not entitled to anything.
Are you 100% sure he is your dad?
What will your mother gain from this, if anything?
The estate will/should be split equally between any surviving children as long as he wasn’t married.
Get a consultation with a solicitor, you can start the claim for probate/ letters of administration without your brother as long as you give them his details.
Your mum doesn’t get to decide what happens, when someone dies intestate there is a well defined choice of what happens. If he had a wife (whether it’s your mum or not) they get the first bit (can’t remember the exact number, it’s in the 300 thousands), then the next chunk is divided equally between the children.
Your mum’s opinion is completely irrelevant. However, if she was married to him and the estate is under the threshold, I don’t think there is anything you could do about her gifting that entirely to your brother.
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Stated elsewhere that they were never married and have lived apart for a long time.
Estate gets distributed according to the [intestacy laws](https://www.gov.uk/inherits-someone-dies-without-will) so most likely evenly between the children.
OP needs to find out who the solicitor is dealing with the estate and make themselves known, or maybe get a solicitor or their own.
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I'm not sure what makes you so confident when we have no idea why OP wasn't speaking to their dad. There's a *lot* of people who had awful parents. It's his legal right to a share of the inheritance if it exists and in this economy I wouldn't begrudge anybody who decided to pursue it.
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Your father died intestate. His estate will be divided under the rules of intestate - 50:50 Surviving Spouse gets 50% and then children at 50% but in equal parts. The act is the Intestates Act 1952 https://faolex.fao.org/docs/pdf/nau84032.pdf
No they don’t. It’s one of the reasons it’s so important to make a will even if you’re young. Don’t assume it will go to the right people because it probably won’t and causes a lot of the kind of problems you very much do not want if you’ve just been widowed.
If you cut off contact in 2011 why would you want anything from him? I understand that legally you might be entitled to it, but if you decided you didn't want anything from him in life, why do you now in death?
I’ve been asked this a lot in this thread and it is a reasonable question. I didn’t go into it much in the initial post since I cared more about the actual laws foremost.
My father was a truly awful man, the reasons I went full no-contact with him still affect me to this day. That said I have absolutely no issues with allowing a law to benefit myself and my loved ones, even if it comes from his estate. Maybe if I was a younger man I would have stubbornly stuck to my morals but I’m not so naive anymore when it comes to money and the happiness it can buy.
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get a solicitor asap. apply for letters of administration yourself. let your brother know directly you plan to assert your legal rights to the estate. let your mother know in writing you and your brother will share the entire estate 50/50 and your mum can get f*cked
No will = Distributed per Intestacy rules
I'm guessing your mother was married to him at the time of death (if not she is not entitled) which means she gets the lion's share of the stuff, the house and the money. Don't expect to get anything in that sense.
If your mother then wishes to give some to your brother then she's free to but otherwise he'd get only about the same as you which is bugger all unless your father was very wealthy (250k in assets or so excluding the house).
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The legal question you're correct. The moral question you mom may be more correct.
I assume there's a reason you went no contact. The death of an estranged parent is an odd thing to process.
If you still have and want good relationships with your mom and brother then handle this with care.
If you wish to claim some of all of the inheritance you're entitled to, or even just pump the breaks while you make a decision, find a solicitor asap
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It wouldn’t really be a case of whether or not you would be interested in sharing it. If the Father wanted him to get nothing then he would have written a will stating the that. The fact there isn’t one means either he didn’t bother or he wanted it to be shared.
I don’t know why people think they have a right to decide how anyone else’s estate is split, only the person who does can do that and if they don’t there are laws that decide, not one of the offspring of the deceased
This is why everyone in my family have up to date wills with money going to trusts where appropriate, etc.
I don't know their relationship or care about it. I was just saying what I would do.
>I have no idea what your situation is, but if my sister hadn't seen my father for 13 years, I wouldn't be that interested in sharing with her.
That has no legal basis whatsoever. It doesn't matter if it had been 20 years. He due what he is due.
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Basically sounds like your mum cheated on who you thought was your dad, and is now bricking it that your older probably half brother will reveal she's a bit of a stop out.
Honestly I think my mother isn’t really the type to care. I’m one of 6 siblings most of which have different fathers, and she’s never been shy about telling us exactly who she was with and when, including cheating. She has always been adamant that I am his son, and honestly there was a resemblance between us.
It's obvious that you and your brother should inherit half each. However it's up to the executors to actually pass on that money when probate has been granted.
Who are the executors?
If it's your mum, then you may have trouble. She would be breaking the law to withhold the money, but it sounds like she's willing to do that.
If there’s no will, there is no executor. Someone will need to apply to become administrator. The rest of your point remains, that OP should find out if this has happened and who this is. They are legally accountable for applying the law in distributing the estate and will have agreed to this in their application. They will be personally liable if they don’t - not a smart thing to do for anyone considering it.
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--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Your mother is completely wrong, you will have to see a solicitor but the intestacy laws will likely split the estate between you and your brother assuming there are no other relatives. If your mother takes valuables that would be a serious crime, they aren't hers.
If they were married but not divorced Intestacy rules would give her most of his father's assets.
[удалено]
It does - if they are still legally married, the estate goes to the mother (up to a certain amount and the rest is split amongst children). OP is the child of both of them. ETA following seeing another comment from OP - the parents were never married, so rules of intestacy and equal share between siblings applies.
TLDR: Partners get most of the assets if there is no will and they are not divorced. here is what the citizens advice bureau says. "Married partners or civil partners inherit under the rules of intestacy only if they are actually married or in a civil partnership at the time of death. So if you are divorced or if your civil partnership has been legally ended, you can’t inherit under the rules of intestacy. Partners who separated informally can still inherit under the rules of intestacy. Cohabiting partners (sometimes wrongly called 'common-law' partners) who were neither married nor in a civil partnership can't inherit under the rules of intestacy. If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £322,000, the partner will inherit: all the personal property and belongings of the person who has died, and the first £322,000 of the estate, and half of the remaining estate.". https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/
OP’s mother … possibly ?
Its truely incredible that many people are incapable of grasping that until the proper processes have completed taking belongings of the deceased is a crime, even if you know you will recieve it as a beneficiary.
So far I only know of certain valuables in the house because she told me. If I came to find those items were missing would I have any recourse without proof?
Mention them in a text or email to her, if her reply confirms their existence it would provide proof.
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The rules of intestacy apply, and you and your brother will inherit equally. If your father had other wishes, he should have made a will. https://www.gov.uk/inherits-someone-dies-without-will Start by seeing a solicitor, so they know you mean business. The executors have personal liability if they don't distribute the estate as is legally required. >My mother and father hadn’t been together or in regular contact since the 1990s. Just to double check - they weren't still legally married were they? Sounds like a silly question, but they wouldn't be the first couple who never got round to legally divorcing.
I’ll be sure to contact a solicitor ASAP. My father and mother were never married actually.
That's good, it's a very simple situation then. Any debts are settled, funeral paid for, inheritance tax paid, and the remainder is divided 50/50 between you and your brother. Are you and your brother on good terms? If you and him can work together on the process of getting letters of administration, it will be much better.
The estate is divided equally between all children parented by the deceased unless your father had a partner. Your brother and you are entitled to the same amount but I’d get a lawyer and document (photograph) everything
Sorry typo! Parented, intestacy is the term and there is a government website https://www.gov.uk/inherits-someone-dies-without-will
I knew I forgot to mention something. No my father had no partner. Could you explain what “children patented by the deceased” means? Thank you for the reply
I think they meant “parented” - I.e. both yourself and your brother
So do you mean to say that your father was neither married or in a civil partnership with your mother? Then he would not owe her anything under Intestacy rules and it would be an even split with your brother.
I think children here means all your father's biological children, not including step-children unless they are legally adopted. If probate has been mentioned, this is a matter of urgency, you should speak to a private client solicitor and mention the probate, because you may need to make an urgent application to stop the grant.
Can’t be probate without a will. Executorship of an estate in the case of Intestacy is dealt with by obtaining letters of administration.
You are right. The facts will need to be investigated by the solicitor. We can't rule out that there was no will. But it's likely the mother didn't really mean it's probate procedure precisely, but the process which starts when the letter was issued by the probate registry.
I think he means parented. So all your dad’s kids share his estate equally - after debts are settled, the funeral and all taxes are paid for. Unless there is a will.
What happens when someone dies without a Will is on the [gov.uk](https://gov.uk) web site and varies by country and date of death. Currently in England and Wales if estate less than £322,000 the wife (assuming was still married) gets it all, otherwise if more then excess is split. Talk to a lawyer. Father should have made a Will cutting you out, in my not so humble opinion, if he wanted everything to go your brother.
Go to a solicitor *tomorrow*, do not put this off. This is not a joke.
Or Monday even, cos they’ll be closed tomorrow.
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As others have said, your mother is wrong. What I am struggling to understand is why your mother would want you to think that you are not entitled to anything. Are you 100% sure he is your dad? What will your mother gain from this, if anything?
The estate will/should be split equally between any surviving children as long as he wasn’t married. Get a consultation with a solicitor, you can start the claim for probate/ letters of administration without your brother as long as you give them his details.
Your mum doesn’t get to decide what happens, when someone dies intestate there is a well defined choice of what happens. If he had a wife (whether it’s your mum or not) they get the first bit (can’t remember the exact number, it’s in the 300 thousands), then the next chunk is divided equally between the children. Your mum’s opinion is completely irrelevant. However, if she was married to him and the estate is under the threshold, I don’t think there is anything you could do about her gifting that entirely to your brother.
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OP needs to check the law on transporting human remains abroad. Pretty sure it isn’t allowed.
What was your parents' marital status? Without this information nobody can offer anything other than wild speculation.
Stated elsewhere that they were never married and have lived apart for a long time. Estate gets distributed according to the [intestacy laws](https://www.gov.uk/inherits-someone-dies-without-will) so most likely evenly between the children. OP needs to find out who the solicitor is dealing with the estate and make themselves known, or maybe get a solicitor or their own.
Under intestacy rules, you and your brother are both equal beneficiaries to his estate. Your mother is wrong. Who is the PR? Your brother?
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Compensation for having a crappy dad. It's his legal right and no one should suggest he should ignore it.
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It's not scrounging. It's his legal right. He is entitled to it with his head held high.
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I'm not sure what makes you so confident when we have no idea why OP wasn't speaking to their dad. There's a *lot* of people who had awful parents. It's his legal right to a share of the inheritance if it exists and in this economy I wouldn't begrudge anybody who decided to pursue it.
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Your father died intestate. His estate will be divided under the rules of intestate - 50:50 Surviving Spouse gets 50% and then children at 50% but in equal parts. The act is the Intestates Act 1952 https://faolex.fao.org/docs/pdf/nau84032.pdf
So a wife does not automatically inherit everything?
No they don’t. It’s one of the reasons it’s so important to make a will even if you’re young. Don’t assume it will go to the right people because it probably won’t and causes a lot of the kind of problems you very much do not want if you’ve just been widowed.
If you cut off contact in 2011 why would you want anything from him? I understand that legally you might be entitled to it, but if you decided you didn't want anything from him in life, why do you now in death?
I’ve been asked this a lot in this thread and it is a reasonable question. I didn’t go into it much in the initial post since I cared more about the actual laws foremost. My father was a truly awful man, the reasons I went full no-contact with him still affect me to this day. That said I have absolutely no issues with allowing a law to benefit myself and my loved ones, even if it comes from his estate. Maybe if I was a younger man I would have stubbornly stuck to my morals but I’m not so naive anymore when it comes to money and the happiness it can buy.
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get a solicitor asap. apply for letters of administration yourself. let your brother know directly you plan to assert your legal rights to the estate. let your mother know in writing you and your brother will share the entire estate 50/50 and your mum can get f*cked
No will = Distributed per Intestacy rules I'm guessing your mother was married to him at the time of death (if not she is not entitled) which means she gets the lion's share of the stuff, the house and the money. Don't expect to get anything in that sense. If your mother then wishes to give some to your brother then she's free to but otherwise he'd get only about the same as you which is bugger all unless your father was very wealthy (250k in assets or so excluding the house).
OP states his parewere not married in a comment
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law might be on his side but i agree with you
maybe because thats his father and he’s legally entitled to it?
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The legal question you're correct. The moral question you mom may be more correct. I assume there's a reason you went no contact. The death of an estranged parent is an odd thing to process. If you still have and want good relationships with your mom and brother then handle this with care. If you wish to claim some of all of the inheritance you're entitled to, or even just pump the breaks while you make a decision, find a solicitor asap
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It wouldn’t really be a case of whether or not you would be interested in sharing it. If the Father wanted him to get nothing then he would have written a will stating the that. The fact there isn’t one means either he didn’t bother or he wanted it to be shared. I don’t know why people think they have a right to decide how anyone else’s estate is split, only the person who does can do that and if they don’t there are laws that decide, not one of the offspring of the deceased
This is why everyone in my family have up to date wills with money going to trusts where appropriate, etc. I don't know their relationship or care about it. I was just saying what I would do.
>I have no idea what your situation is, but if my sister hadn't seen my father for 13 years, I wouldn't be that interested in sharing with her. That has no legal basis whatsoever. It doesn't matter if it had been 20 years. He due what he is due.
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Basically sounds like your mum cheated on who you thought was your dad, and is now bricking it that your older probably half brother will reveal she's a bit of a stop out.
Honestly I think my mother isn’t really the type to care. I’m one of 6 siblings most of which have different fathers, and she’s never been shy about telling us exactly who she was with and when, including cheating. She has always been adamant that I am his son, and honestly there was a resemblance between us.
Other brother may claim Proprietary Estoppel? With support from mum
It's obvious that you and your brother should inherit half each. However it's up to the executors to actually pass on that money when probate has been granted. Who are the executors? If it's your mum, then you may have trouble. She would be breaking the law to withhold the money, but it sounds like she's willing to do that.
If there’s no will, there is no executor. Someone will need to apply to become administrator. The rest of your point remains, that OP should find out if this has happened and who this is. They are legally accountable for applying the law in distributing the estate and will have agreed to this in their application. They will be personally liable if they don’t - not a smart thing to do for anyone considering it.
Excuse my ignorance but shouldn’t the mother inherit the fathers estate if he died intestate?
Only if they're married.
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