Combating My Wicked Stepmother

[JMK]

Hello,

My father's second wife (since 2016) has been trying to steal the assets of elderly people since the 1970s.

She is currently trying to steal most of my recently deceased father's assets, including our family home, which I have lived in for 35 years in total, over a decade alone.

I have been financially dependent on my father since about 1990, due to multiple chronic illnesses.

My stepmother tricked my mentally confused father into leaving almost everything to her in his will. Previously, his will left everything to me and my sister.

What are my legal rights to keep the home, and how should I proceed?

THANKS.

[james_law]

Hi,

It would be best to wait for one of the specialist people in this area to comment on this. they will be able to provide knowledge on your rights and how you should proceed.

You basically would need to challenge the will, more specifically that you father may have not had the capacity to change his will at the time and/or that he was pressured to change the will to the benefit of your stepmother. (undue influence). One thing to take into consideration is that you would need to prove your father was mentally confused and that he did not therefore have the capacity to enter into a new will. This would make the will void.

Please wait as said for better and more accurate/detailed comments.

[lukewarm]

You would probably be advised to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you have been financially dependent on your father due to your illnesses.

You need to be quick as there are time limits to claim - within 6 months after grant of probate springs to mind.

I would speak to a lawyer who specialises in probate (not just a general solicitor on the high street) and explore your options under the Inheritance Act.

Ideally, a STEP solicitor (Society of Trust and Estate Practitioner) would be your best bet.They are specialists in inheritance and succession law.

As for challenging the will,that may be more messy.

You would have to prove that he was subject to undue influence by your wicked stepmother or that he was of unsound mind when he changed his will in favour of her. It all depends on what evidence you have of her behaviour and if, as you say, she has form that may be useful.

[des8]

Hi and welcome

Sorry to hear of the loss of your father and subsequent concerns.

When was the will which left your father's estate to you and your sister, drawn up?
If it was prior to his marriage to your stepmother it would have been nullified automatically when he married your stepmother, and the new will would seem basically to reflect the new situation.

You believe there may have been undue influence over him to change his will.
Was the new will drawn up by a solicitor?
If so the solicitor should have checked your father had capacity, and the solicitors notes should bear that out.

None the less, as you have been financially dependent on your father, and lived in the family home (where was your father for the last decade if you lived alone? did his new wife have her own house into which he moved?) you most likely have the possibility of making a claim for provision under the Inheritance (Provision for Family and Dependants) Act 1975.
there are strict time limits for making a claim.

You will probably need to obtain face to face advice from a solicitor.

Meanwhile wait for our Peridot to comment, which might not be until Monday

[MIKE770]

Peridot

[JMK]

MANY THANKS for all of the helpful comments so far.

I am very impressed by this forum, and plan to post an interesting related question soon.

Another sleepless night, hence replying at 7:35am.on a Sunday.

[Peridot]

Hi JMK,

As the other posters have pointed out you have a few options here. Contesting the Will can be problematic as you would have to prove the undue influence or that your father did not have sufficient mental capacity to make the most recent Will.

I suspect your best option would be to make a claim against the estate under the Inheritance (Provision for Family and Dependant) Act 1975. If you have been financially supported by your father for the last 35 years. Financial support doesn't have to be handing money to you but living at the property rent free or at a significantly reduced rent would be a significant financial support for anyone.

I'm glad you are obtaining some specialist advice from a contested probate specialist to advise you on the options available to you. Then you can make an informed choice which way to go.

Here if you need any more support or guidance on what options are possible.

[JMK]

Thanks PERIDOT, a dependency claim does seem to be the safest way forward.