Father died intestate 29 years ago

cemel69

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Hi
I wonder if anyone can give me some advice. My father died without making a will 29years ago. I did not know until recently that my mother had never sorted anything out afterwards and the family continued to live in the family home after my fathers death.

Now my mother wants to sort things out legally but we are not sure as to what the implications will be for her. My father was married before he met my mother and had 7 children from his first marriage. (Two of these are now deceased). From his marriage to my mother there are another 4 children. (She also had another child before she married my father)

The family home and a small area of land has remained registered under my fathers name.

I understand that the normal procedure would be to take out a grant of administration on my fathers estate and then his estate would be divided appropriately between the family. My question is in what way would it be divided - (two thirds to my mother and the remaining third divided between all children or their surviving families)??

If my mother wants to get sole ownership of the family home will she have to get all the children to renounce their rights to the remaining third of the estate. Our concern is that some of the children from the first marriage may not agree to this. Relations with my mother and my father after their marriage was strained with some of these children. Although, in later years they seemed to get on fine.

Also, what is the situation with the entitlements of the children who are now deceased? Would each of their spouses and children also have to renounce their rights to my fathers estate.

Also, would all of this be very expensive to sort out as none of us are wealthy. My mum is now 80years old and I would hate to see her caught up in a battle over this or much worse have to sell the family home. Does she have any additional rights as she has lived in the family home for all these years?

If any one can give me any information it would be great. We are going to a solicitor but I would like to have some idea of what our options are before we speak with him.

Thanks
 
Re: Father died intestate 29years ago

The children of your deceased half-siblings are entitled to their parent's share of the estate - to be divided equally between them.

It sounds like a very complex issue: the citizensinformation page on death may help.
[broken link removed]
 
Re: Father died intestate 29years ago

It might be worth considering not doing anything at all. Starting the process now may well open a can of worms. At least if wait until after death of mother, can deal with whole tangled mess without her having the worry of selling. Mind you, I hope that she has made a will!

mf
 
thanks for the link purpeller.

MF - Unfortunately she won't make a will because of the situation with the family home.

Hopefully the solicitor will be able to shed some more light on the situation. I think that if we have to get everybody to sign over their rights that she won't go ahead just in case it does open up a can of worms.
 
Re: Father died intestate 29years ago

It might be worth considering not doing anything at all. Starting the process now may well open a can of worms. At least if wait until after death of mother, can deal with whole tangled mess without her having the worry of selling. Mind you, I hope that she has made a will!

mf

Given that she has lived there 29 years (i.e more than 12 years) would adverse possession come into play at all as an alternative route to ownership? Obviously her children might be a factor here if they also lived there depending on the timeframes but it seems its the children of the previous marriage who are the worry.
 
hi Dam099,

I have been doing a little research on adverse possession and think that this might be a possibility. Only one from the first marriage has lived there since our father died and I know he would not object to my mother having the house in her name.

I will most certainly bring this up with the solicitor when we speak to him.

Thanks
 
As mf1 said applying for registration may not be necessary at all right now. Regardless of whether it is done by way of grants or adverse possession it is likely that all with a potential legal entitlement from the estates will be notified. Therefore she has to weigh up the possibility of sorting it out versus possibly stirring up the situation.

But anyway regardless of that your mother should make a will- it doesnt matter if she is the legal owner or not- she can still make a will and would be well advised to do so as soon as possible to safeguard the situation.
 
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