Is Mother Entitled to Anything From My Sisters Estate?

Is mother entitled to anything?

Is mother entitled to anything?

I want to know if my mother is entitled to anything please. My sister died  9 months ago after having been married for only 6 months.  Proper to her death she had a will that named my mother as sole beneficiary to her estate. Her husband with whom she had not lived together or had any assets together is claiming  the whole of her estate under the law. Do we have a right to challenge, my sister was financially supporting my mother over the past 20 years as she gets very little in pension!!

Is my mother entitled to anything?

Answer: Unless her earlier Will was made with the marriage in mind (which would be documented) or after the marriage,  it was cancelled by her marriage.  Very few people seem to be aware that marriage cancels a Will in most cases, and either a new one needs to be made, or the old one “revived” with a special codicil.  Clearly, your sister may have made another one.

If there is no valid Will, then the Rules of Intestacy apply, and her husband is entitled to the first £450,000 of her estate, assuming there were  no children.   He also gets half of the balance over £450,000 and the other half of the balance is given to her parents (in this case, mother).  If there are no parents alive, then the balance is shared between her brothers and sisters.

So if she had a large estate, your mother would get something. Your mother could make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, normally within 6 months of probate being granted, so she should see a good contentious probate lawyer immediately as time is of the essence.  Your mother may well be able to make a claim under the Act if the husband will not make a sensible offer, which he may well.  Do make sure that the first letter from the solicitor is a friendly one – some tend to go for the jugular straight away, and prevent any possibility of the family very working together.

Good luck!

 

Is mother entitled to anything?

Is mother entitled to anything?