My probate question: I wonder if you could help me my wife passed away on the 18th January – we separated 12 years ago but never divorced.My son had a joint bank account with her, which I have been told its frozen but he has taken money for funeral costs out.My wife has other bank accounts just in her name but don’t know which banks or building society they are from what I would like to know I am I entitled to anything, I am very hard up and 87? I was wondering if I could get legal aid to help?JM (details changed to protect identity)Probate Question reply (made on the information given, and will not always apply).The first thing anyone should do when separating to write a new Last Will.  However, it is too late for that sadly.Chances are that you will be entitled to all or most of your wife’s estate as you were still legally married. UNLESS there was a formal judicial separation, which is unusual.There is no issue with funeral costs coming out of the bank account, but the chances are that bank account may pass automatically to you son outside the estate if he was listed as joint owner rather than just as a signatory. This is a common mistake, usually made unintentionally, but in some cases it disinherits all the other beneficiaries as a joint account (rather than one with signing rights for a third party) passes automatically to the surviving joint owner.I don’t believe you can get legal aid for probate work, but we do provide a low cost service or offer our www.DIYprobateUK.com site.You could also make an appointment to talk to Citizens Advice, but it may be that all that is necessary is to write to your son enclosing a copy of our Intestacy Guide which I have attached asking for the full details of her estate so that you can obtain probate, assuming it is needed.If you feel that he might attempt to deal with probate improperly, you can make arrangements to enter a note at the Probate Registry to prevent that (we can help with the formal process). As the legal next of kin, you have the right to apply for probate, not your son.You probably could do with help, but it does depend on the value of your wife’s estate as to whether it is worth it.Our  fees are much below most lawyers, so do feel free to come back to us should you wish to. Nothing in this email should be taken as advice without a full paid review of your situation.  Probate disputes.

Dear Sir,My mother’s mom Owns a property in Manchester, it was bought by my mother’s father and after his death it was transferred to my mother’s mom.My mother has two sisters in Pakistan and three brothers in Manchester. Two brothers are living separate and one brother is living in that property.I want to ask that I am also eligible to take share from this property on behalf of my mother as my mother has also passed away.if yes then can you help me how?How can I check status of this property in legals record?Will my uncle need MY SIGNATURES ( Will my signatures be compulsory) for transferring or selling this property to his name?If this is possible then will it be easy for me to get my entitlement.I am afraid that my uncle will snatch my all entitlement or share.  Please advise and help me in this?Probate AnswerIf the property was held in her sole name, her Last Will and Testament will decide where it goes.That is the most likely option.If it was in joint names, there are two options:1) The part of the property she owns will pass by her Will. Or – more likely (if ownership is joint)2) the whole property will pass automatically to the surviving owner.You need the title deeds which you can obtain for a few pounds at:http://www.landregistry.gov.uk/public/online-servicesIf only her name appears on the deeds, then the house passes firstly under her Last Will, or if there isn’t one, then it passes on under the Rules of Intestacy: http://www.theprobatedepartment.co.uk/rules-of-intestacy/I hope that helps, after you have checked that, we can act for you but would have to charge at our usual fairly modest rates.If you have a Probate Question, we try to answer as many as we have time for: any published on the site have been changed beyond recognition SteveStephen Pett  https://www.theprobatedepartment.co.uk/contact-us-for-probate-help.The Probate Department Ltd2 The Triangle, Willingdon, Eastbourne BN20 9PJGA private company registered in England number 07682081.We are NOT a Government Department nor in anyway associated with the Probate REGISTRIES which are part of HM Courts Service.More on Probate Disputes.  Probate Claim Checker.

My friend’s husband died last month. Her husband died without making a will. They had their house in their husband’s name. They do not have children. Is the wife entitled to the house?

Answer: House in Husband’s name.

She will only get the whole of his estate if he had no surviving relatives, or if the whole estate is valued at £450,000 plus, in which case the widow would get £450,000, plus half the balance. The remaining half goes to the other relatives in this order of priority – parents; brothers/sisters; half brothers/ sisters; grandparents; aunts/ uncles; and spouses of aunts /uncles.Had there been any children of this or a previous relationship, then her share would have been £250,000 plus a life interest in half of the balance.  In effect, this means the widow would have the interest from it.  The rest would go to her children in equal shares, with the amount due to a deceased child being shared between that child’s children and so on.If the “husband” was a common law husband, thenWriting a Will is really important I am afraid, and the lack of a Will can result in grief being compounded by being forced to sell the family home. More details on the Rules of Intestacy

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My mum died 5 years ago, married to my stepfather who died 3 years ago leaving no will. My stepfather never adopted me. In fact my Nan and Granddad (mother’s side) brought me up and I was never adopted by my stepfather. They have 2 children together and my stepsister is winding up the estate. The estate is now ready for sharing and my step-sister says it should be split 3 ways. However, my half-brother says I am not entitled to anything from my stepfather and the estate should be split 50/50 between them. Can you advise who is right, please?

Rules of Intestacy updated in 2014.                More on Probate Disputes.  Probate Claim Checker.            Probate Quotes

Stepfather – Probate Answer.

Unless there was a trust clause in your mother’s Will to benefit you, you have no entitlement under the Rules of Intestacy following the death of a man who is not legally a parent i.e. is a stepfather in name only.  Had he adopted you, you would have been entitled to a share of your stepfather’s estate. The moral situation may be quite different, and this is incredibly common when people are so bad at keeping their Legal Planning up to date and relevant.It is possible to claim under the Inheritance (Provision for Family and Dependants) Act 1975 that you were dependent on your “stepfather”. From your description, it seems that he did not support you, so it is not especially likely that a claim would succeed. But it could equally rebound and harden attitudes.It is absolutely crucial for people with children, ESPECIALLY from different relationships, to have up-to-date Wills to ensure things do work as they would wish, and your mother could perfectly easily have protected your interests had she taken good professional advice.I hope you are better organised!  If not, go HERE.SteveStephen Pett contact The Probate Department www.theprobatedepartment.co.uk.

Do stepchildren automatically inherit from a stepfather?