Any probate experts?

[Deleted member 150136]

My partners ex husband died last Tuesday from being an alcoholic, buried him Thursday.

Her kids(his kids) are 18 and 14.

He's been an alcoholic for the past 10 years and all the rest that comes with it...anyway, a bit of history.

He got a new girlfriend last year who is also an alcoholic and abusive, she's only been around a year, and bought him his wine.

He was in rehab in april/May, came out and got drunk.

He had been told by doctors he needed to stop drinking and admit himself to hospital and only had a short time to live if he didn't.

He has/had a good business and a few quid/property, big family and family money.

My partners son is next of kin and joint heir at 18 years old.

Now, they cannot find a will, none of the family know of one.

My partner with her son has collected all the documents etc from his house and there is nothing, they have spoken to his accounts and solicitors and they have no will. they are applying for probate via a family business solictor.

They have his mobile phone, and the daughter knew the password,...they now discovered texts from her from may/june about solicitors and wills.

The new partner has not mentioned anything of this to anyone.

We are in a bit of a quandary as how all this works, I've looked online and I can't find which way to go.

I personally am not involved but would welcome any advice as which way to turn or what to expect.

She is seeking professional help but all advice will be listened to and appreciated.

Thanks in advance.

(Not my regular sort of post!)

 

[DSM10000]

Have a look at this :

Intestacy - who inherits if someone dies without a will?

Find out who is entitled to a share of someone’s property, possessions and money if they die without making a will

www.gov.uk

But take proper legal advice throughout.

Good luck.

 

[Harrythedog]

Part of the probate procedure is to put a notice in a public newspaper asking for interested parties with a claim on the estate to make contact. Claimants have a set time to get in touch, after that executor is handed control of the estate

 

[MissyD]

All sounds very complicated! We are applying for probate for my late mothers estate and that hasn't been easy even with a will and all paperwork for her finances. The solicitors will be able to advise you and hope things are sorted for everyone involved. Difficult times

 

[Deleted member 150136]

We/they are, thanks

I've been through all that, and I've looked elsewhere to find stuff about if someone is withholding or hiding a will.

I'm impartial as the guy has been a nightmare for the past 5 years, then she came along and it doubled , but its the kids dad and we think(know) she's a golddigger and possibly done something(apparently she is/was a barrister! ).

As an add, he was also showing signs of Dementia due to the alcohol.

 

[Deleted member 150136]

Part of the probate procedure is to put a notice in a public newspaper asking for interested parties with a claim on the estate to make contact. Claimants have a set time to get in touch, after that executor is handed control of the estate

His new partner was involved in all the funeral arrangements etc etc, would that not have been the time to disclose she knew of a will(if there is one)?

 

[Harrythedog]

His new partner was involved in all the funeral arrangements etc etc, would that not have been the time to disclose she knew of a will(if there is one)?

I suppose that’s up to her. You could always get a solicitor to send her a letter asking her if there’s a will and informing her that should a will not be in place the eldest son will be the executor.
Texts from her to the deceased about making a will etc sounds to me that he was reluctant to do so, hence the badgering but this is just my opinion.
Your family are doing the right thing getting professional advice but don’t expect a quick outcome

 

[Deleted member 150136]

I suppose that’s up to her. You could always get a solicitor to send her a letter asking her if there’s a will and informing her that should a will not be in place the eldest son will be the executor.
Texts from her to the deceased about making a will etc sounds to me that he was reluctant to do so, hence the badgering but this is just my opinion.
Your family are doing the right thing getting professional advice but don’t expect a quick outcome

But from what I have read so far, if they are aware of a will(especially so recent if this is the case), there could be requests in the will regarding the funeral, hence why I thought it should have been disclosed.

This is our thoughts too.

Everyone is reluctant to deal with her as she is a fruitloop!

She's had over 18 years of his sh!te, another few months/years isn't going to hurt.

 

[Harrythedog]

My late father made a will and they gave it to us after his death and that was the solicitors last dealings with it. If she’s an alcoholic she may well be doing things as she sees fit ,right or wrong, This is why you need professional help to get it sorted.
So as things stand his offspring are next of kin and main beneficiaries unless stated otherwise in a legal will

 

[ChrisEdu]

Probate can be straightforward and it can also be a nightmare, I've experienced both.
There are very clear steps and procedures to follow, and plenty of advice from various sources.
This is why my wife and I recently made our wills and arranged a trust to manage things for our children.

 

[optimusprime]

Would everything he had go to next of kin .By law

 

[ChrisEdu]

Would everything he had go to next of kin .By law

Normally, yes. However, there are always the 'What ifs?' to consider. What if they split? What if NOK dies first? Etc... This is why proper planning, however gruesome it might feel, is so important.
The probate service website has some good information.
Regardless of anyone having a claim, unless proper planning has been put in place, inheritance tax would need paying on anything over the threshold.

 

[baxlin]

Probate can be straightforward and it can also be a nightmare, I've experienced both.
There are very clear steps and procedures to follow, and plenty of advice from various sources.
This is why my wife and I recently made our wills and arranged a trust to manage things for our children.

The last para is the best way to go.

A framework of Trusts can save all sorts of problems in the event of such as bankruptcy or marriage breakdown (through several generations!!), and might save some Inheritance Tax down the line into the bargain.

Not necessarily cheap, but think value not cost.

 

[Riva811]

Probate needs to be issued to the 18yo and to the custodian of the 14yo. In this case it will be the 18yo kid and your wife. Unless ofc the man had a sibling, then the oldest sibling and the custodian of the 14yo can apply for probate