Probabte And Will

[kujawski]

cut a long story short,
My Mother was married in 1983, and separated in 1996, they sold the house at the time , he took his share of the money and moved away, and my mum bought a new place, they never divorced.
in 2006 my mother died of cancer leaving a will, to share her estate with me and my sister, it went through probate and nothing was contested.
Just yesterday, my sister had my mums 'ex' husband turning up at her house demanding money and saying half was his. That evening I also received a couple of phone call with the same along with threats , saying that the will was not important and that he wanted his money,
Where do we stand?
many thanks for you help.

[VHG]

This may help, which indicates you CAN choose to NOT leave your husband / wife anything in the will.

https://www.worthingtonslaw.co.uk/articles-downloads/2012/july/my-husband-died-and-left-me-nothing-in-his-will-can-i-challenge-this

It can be contested if the husband / wife left out the will was dependant on money from the person who died, but this does not seem to be the case in your situation.

It also says it should be done within 6 months, though this may not be legally binding.

As your mother died in 2006 I think it is too late for her husband and I would not stand for any intimidation from him. Call the police if it gets nasty.

[kujawski]

Thanks VHG , much appreciated

[Peter Pedant]

tell him to get staffed

I think he is out of time for a start
and also he has to show that he has a claim
and you are not required to refute it ( i.e. hehas to prove his case )

tell him to get on and sue you
[sounz as tho he is short of money]

[Khandro]

kujawski; I'm not a lawyer, but I have been involved in a probate case for two and a half years (just, as a matter of fact, received the first dosh today!) and I would say he has no claim whatsoever.

[Peter Pedant]

well done Khandro go out and have a glass of gluhwein !

[Barmaid]

Did you (or anyone) get probate? If so, when?

[EDDIE51]

The problem here is that as your mother and father never divorced your mother's estate should have passed to your father and only to you after your fathers death. Not bothering to divorce has resulted in many cases such as this. The only way out is that the father may be 'out of time' to contest the will, as I think there is a time limit .
VHG does the will have to specifically 'write the other spouse out' ? I am assuming here that the father was simply not mentioned in the will.

[kujawski]

Thanks for all your answers all. Probate was 2005. He wasnt / isnt my father just someone my mum unfortunatley married. They seperated in 1996 and he did his own thing.

[kujawski]

Sorry she died in october 2005

[kujawski]

Sorry am a bit stressed and got the dates wrong

[jno]

if you're getting threats, call the police. Make a note of when you got them, what was said etc.

[Barmaid]

where do we stand?

She died in 2005 and probate was in 2005. He has no claim at all. He'll never get permission to make a claim 11.5 years out of time (I would suggest his best claim is under the Inheritance (Provision for Family and Dependants) Act 1975 and in order to do that he has to issue a claim within 6 months of probate).

Tell him to sling his hook.

[kujawski]

Thanks barmaid. My mind is at rest ill just tell him to f off if he pops around again giving it the heavy bully boy crap and threats