my dad died

[tiara4321]

what i need to know is when you tell the registrar of my dads death,as they asked if their is any other living relatives ,As my mother was very upset and greiving she answer no. My father had a son from prev marrage who he disowned. we are now wondering if by law should we tell the registrar of the living son, or even have to tell the living son of his dads death any answers welcome.... thanks Tiara

[factor-fiction]

Yes, I'm pretty sure you will need to delcare that the son is still alive. It is a question on the probate for. The son may have an entitlement to something from the will. Having said that, I guess your mum would get probate anyway, regardless of whether teh son is alive. But it's unwise to knowingly give incorrect info on the affidavit under oath to registrar

[tiara4321]

she really was under a bad greiving and still is not quite right so we will call the registrar asap and let them know that his son is still alive. By the way my dad made a will to my mother and she was left everything not that he had a lot,My father had also disowened my step brother, But should i try to get in contact with him to tell him his father is dead i dont really know what to do on that one,,,confused as if i was him i would liked to be told. I havent seen my stepbrother or spoken to him in about thirty years,,,, thanks for taking time to answer my question Tiara

[Fay Mousse]

Assuming you are in England, the Registrar does not ask about living relatives, only the spouse of civil partner:

http://tinyurl.com/3eg6ub

So tell your mum not to worry about it.

[tiara4321]

She actually lives in scotland and he died in scotland thanks Tiara

[Fay Mousse]

I've checked the website for Scotland and it is much the same.

Your mother has nothing to worried about - I am sure she is confused about the questions asked.

[tiara4321]

thanks for your help Tiara

[Stu Dent]

Unless the 'disowned' son was subsequently adopted, he has a claim on his dead father's estate. It is not possible to completely disinherit ones children in Scotland, even if there is a will that contradicts that. Your step brother should be told...perhaps through a solicitor if you'd prefer. Your step brother may renounce his right to his share of the inheritance. Also, if there wasn't much in the estate, once your mother receives her share of the estate, the estate could well be exhausted. In which case none of the children will receive anything.

Since your father left a will giving 'everything' to your mother then, assuming the will is valid, your step brother can only exercise his right to his share of the moveable estate (shares, savings, cars etc - valued at the date of death). He will have no claim to any land or buildings owned by your father.

[jayney 12]

tiara you refer to your fathers son as your stepbrother but if you share the same father then he is in fact your half brother, step siblings arise when two families unite and there are children from both sides brought together, so you are in fact blood brother and sister and even though your father may have disowned him for his own reasons surely as he is a blood relation you would let him know of his fathers death as for the will as everything was left to your mum i cant see anything to worry about.

[Stu Dent]

As explained: 'Everything' cannot be left (without challenge) to a single party in Scots Succession law. A testator can do what he/she likes with heritable property (land or buildings - Glasgow Green, Edinburgh Castle, etc), but not moveable property (a Ming Vase, Picasso masterpiece, or �10m worth [at the date of death] Glaxo shares).

There is insufficient space to go into detail but, if the estate is far less modest than MIng/Picasso items, much of the estate will pass to the deceased's spouse as he/she is entitled to receive certain amounts before any residue is distributed to other possible beneficiaries. In most cases, the deceased's estate is exhausted after the deceased's spouse receives his/her share. What is left can be claimed by children of the deceased even if the testators will contradicts the true legal position.

[tiara4321]

thanks St udant, sozz was a long time getting back been a bit busy. as i said we my sister and i didnt recieve a penny from my father dying, he left everything to my mother. they dont have alot . the point is my dad disowned him for something to with my sis dont want to say much in that bit. also since 1 left school i have seen him twice and my parents saw him about 4 times then my father found out what had happened to my sister and he wouldnt have anything else to do with him, a bit more complex than i 1st mentioned, my mother had said 1yr before my dad died my brother rang up andasked for my dad. my dad refused and he asked my mother for some money to help him out and she said sorry she wouldnt.. Also he never went to see them or phone on reg basis, where my sister and i have phoned almost everyday to see if they were ok.. not just cos we want something. and what he did to my sister was a serious matter i can think of it as two ways of being taken to court for what he done, ok he was young but still at an age to know what is right or wrong.... My mother doesnt want him turning up at her house as what he has done to my sister. my sister agreed he shouldnt come to the funeral. but she said he did have a bad life with his real mother. i think he should be told of the death and ask him please not to go to her flat..i just needed to know if she had to tell the registrar ???As i sort of remember him saying !!!! has my dad got any other siblings that are alive as they need to be told We were was also greiving very badly and its only later you remember these sort of things.just dont want us to break the law. Thanks for all your help. and maybe you know a little more info you might a have a differant answer, im in a dilema about ringing him as i have in the last few days found out his phone number....have a nice day ,. so if you know anything else in this matter i will and am very grateful for all your info thanks again..... Tiara