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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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Some time ago my Mum died leaving her estate to my Dad. At

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Some time ago my Mum died leaving her estate to my Dad. At this time my Dad owned two properties and a successful business. My Dad has since met another lady and has been acting father to her two children from a previous marriage. They have since bought another house together which they live in as a family (although the children are much older now) and another property they rent out.
Sadly I recently learned my Dad could be terminally ill, less than a week later he's suddenly getting married to this lady. Of course I am hoping that my Dad will be ok and survive this illness, however; in light of recent events it has made me wonder how his estate would be divided up should the worst happen?
Submitted: 7 years ago.
Category: UK Family Law
Expert:  Thomas replied 7 years ago.



If he has made a Will then his estate would obviously pass in accordance with that.


If he marries his partner then the first £250 000 (plus his personal possessions) would pass to her provided that she survived him for 28 days. Half of the remaining amount of his estate over that would pass to his children (you and your brothers/sisters). HIs partner/wife would have the right to the interest on the other half until her death at which point it would then pass to you/brothers/sisters.


If he makes a Will leaving his estate to his partner then you may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976. You must make the application within 6 months of the date of the grant of probate in the estate and you will need a solicitor to do it for you.


The Court will consider what is a "reasonable financial provision" for you and will take a number of factors in to account in determining what is fair (eg. size of the estate, other claims, resources and needs of other family members/dependents, responsibilities the deceased had to you), each case turns on it's own facts and there are no hard and fast rules to work out what you are entitled to.


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Kind regards,




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