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Hi there, I wonder if anyone can share some advice regarding a situation me and my sister find ourselves in. Last year my Mother passed away from cancer. She had re-married a man four years ago. My mother and step father lived in my mum's home.
During the latter stages of her illness, me and my sister found ourselves in the difficult situation where we were presented in hospital with my mother's will that our stepdad had gone out to prepare on my mum's behalf. Not being a legal expert, I did not fully understand the terms of the will. Essentially, he had written up the will with the solicitor leaving him everything, including all of her possessions. My mother wanted to leave everything in "trust" to me and my sister. I believe that my mother had been pressured in to writing a will, by my stepdad, because he had invested a sum of around 30k in to her property. I said that I wasn't particularly happy with the will to my Mum. In conversation she said to me that my stepdad had been up all night crying, because I had questioned the will. My mother said to me that I needed to trust my stepdad, as he was the most trustworthy person she knew.
After she passed, we found a written book with her actual wishes, which indicated very clearly that she wanted to leave the property to me and my sister, but my stepdad could stay in the property as long as he wishes, as long as there wasn't another woman in her home.Fast forward just a month after her death, he has already been with another woman staying in my Mum's house.We were understandably furious, and sent a angry text messages to him, our relationship has since broken down.
Prior to this, we had reached an agreement that we would split the estate three ways (via text message) and we would sell the property.He then changed his mind as he said he needed a place to live.
We then discovered that the will he had prepared wasn't witnessed properly in the presence of my mother, so the will was invalid.According to UK law, at this stage, despite the fraudulent will, rules fall back to intestacy, leaving everything in his name.My sister had been a co-executor of the estate, and because of this, she was also removed as an executor from the estate.Despite a clear indication from my mother, and numerous other people in her presence, that her wishes were that the property would go to me and my sister, my stepdad has now decided to break off communication and has informed us via a solicitor that there will no longer even be a life interest and he is taking over full ownership of the estate.
This is understandably a horrible situation to be in, as there wasn't ever an indication before that he was the kind of person who would do this. More importantly, it since has turned out as we were closing off of the estate, my step dad had not been contributing to a large amount of the household bills.She had run up a series of debts because of this, essentially bringing the value of her estate under the threshold.Meanwhile, during this time, he purchased himself a brand new Mercedes cabriolet.He has also taken possession of her vehicle, expensive numberplate, family heirlooms and jewellery that my mother had promised my sister has since disappeared.My step dad was the only person who had access to my mothers safe. believe, now having a clearer overview of all of his actions over the past six months, that there is the possibility that this had been planned.
So now we find ourselves in a pickle.We've met with solicitors, who basically have said that because of intestacy law, it is not in our favour.Basically, the only hope we have is that my stepdad discovers "moral thinking", which having seen his recent actions where he indicated he would be fighting this all of the way to court, this seems unlikely.
We are aware of a 1975 inheritance act, but we're not sure how this works.Are there any other ways that we can fight this? The book, despite being written after the will, has no legal standing, according to our lawyers. It is merely an indication of her last wishes. I intend to do everything I can to make sure that my mother's last wishes are seen to.
During the latter stages of her illness, me and my sister found ourselves in the difficult situation where we were presented in hospital with my mother's will that our stepdad had gone out to prepare on my mum's behalf. Not being a legal expert, I did not fully understand the terms of the will. Essentially, he had written up the will with the solicitor leaving him everything, including all of her possessions. My mother wanted to leave everything in "trust" to me and my sister. I believe that my mother had been pressured in to writing a will, by my stepdad, because he had invested a sum of around 30k in to her property. I said that I wasn't particularly happy with the will to my Mum. In conversation she said to me that my stepdad had been up all night crying, because I had questioned the will. My mother said to me that I needed to trust my stepdad, as he was the most trustworthy person she knew.
After she passed, we found a written book with her actual wishes, which indicated very clearly that she wanted to leave the property to me and my sister, but my stepdad could stay in the property as long as he wishes, as long as there wasn't another woman in her home.Fast forward just a month after her death, he has already been with another woman staying in my Mum's house.We were understandably furious, and sent a angry text messages to him, our relationship has since broken down.
Prior to this, we had reached an agreement that we would split the estate three ways (via text message) and we would sell the property.He then changed his mind as he said he needed a place to live.
We then discovered that the will he had prepared wasn't witnessed properly in the presence of my mother, so the will was invalid.According to UK law, at this stage, despite the fraudulent will, rules fall back to intestacy, leaving everything in his name.My sister had been a co-executor of the estate, and because of this, she was also removed as an executor from the estate.Despite a clear indication from my mother, and numerous other people in her presence, that her wishes were that the property would go to me and my sister, my stepdad has now decided to break off communication and has informed us via a solicitor that there will no longer even be a life interest and he is taking over full ownership of the estate.
This is understandably a horrible situation to be in, as there wasn't ever an indication before that he was the kind of person who would do this. More importantly, it since has turned out as we were closing off of the estate, my step dad had not been contributing to a large amount of the household bills.She had run up a series of debts because of this, essentially bringing the value of her estate under the threshold.Meanwhile, during this time, he purchased himself a brand new Mercedes cabriolet.He has also taken possession of her vehicle, expensive numberplate, family heirlooms and jewellery that my mother had promised my sister has since disappeared.My step dad was the only person who had access to my mothers safe. believe, now having a clearer overview of all of his actions over the past six months, that there is the possibility that this had been planned.
So now we find ourselves in a pickle.We've met with solicitors, who basically have said that because of intestacy law, it is not in our favour.Basically, the only hope we have is that my stepdad discovers "moral thinking", which having seen his recent actions where he indicated he would be fighting this all of the way to court, this seems unlikely.
We are aware of a 1975 inheritance act, but we're not sure how this works.Are there any other ways that we can fight this? The book, despite being written after the will, has no legal standing, according to our lawyers. It is merely an indication of her last wishes. I intend to do everything I can to make sure that my mother's last wishes are seen to.
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