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Stepfather won't produce Will (my mother passed in 2019)

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  • Stepfather won't produce Will (my mother passed in 2019)

    Looking for advice as to if I can go anywhere with this..

    ​​​​​​​My mother passed away in 2019 after a long debilitating illness, called Progressive Supernucleur Palsy – similar to MND. She had re-married some 15 years ago. When my mother entered the relationship, she paid his mortgage, and basically funded them through their life, as his business failed. When she died I asked her husband for a copy of will, as he had not offered it. He told me in no uncertain terms that she had left everything to him, with no named items for either me, my sister or her 2 grandchildren, who she was devoted to. When I asked what would happen when he died, he said it was for him to do what he wanted. I again requested a copy, this time by text in Oct 2020, as he had still not presented us with anything. He texted back saying ‘why do I get the impression you think I am lying’ – naturally, this made me even more suspicious. By text, he then said he had to find it, and basically fobbed me off several more times.
    There is nothing in probate. I believe she made a will when she entered the relationship, including myself, my sister, and the 2 grandchildren. I have tried to find this through contacting all the local solicitors, but to no avail.

    Last week I sent him a signed for letter, asking for a copy, and that if nothing transpired by the end of January, then he would receive a letter from our solicitor requesting it. I’m not sure if he would have to give a solicitor a copy, but to be honest, I was hoping he would be scared into sending us a copy.
    I am not sure that there is even a new will from the one she made when she entered the relationship. I suspect not. And if there was, she was unable to speak for over a year before she passed away.
    Their house he lives in is only probably worth in the region of £100k, and I think he took out an equity release. But, I feel I cant just let him do this. we have received none of her personal items, only a couple of things that were my grandparents, which I had to beg for..


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  • #2
    Have you done a probate search? If probate has been granted you will be able to obtain a copy of the will from the Probate Registry.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thanks for your reply. Yes, I have, and there is nothing on there

      Comment


      • #4
        Have you checked the land registry title for the house?

        NB if there is no will, your stepfather probably benefits substantially under intestacy law.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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