Step parent, wills and intestacy rules

[Sambraithw]

Hi there,

Last year my father passed away and wrote a death bed Will to my step mother of three years.

My step mother prepared that will (which was incorrectly witnessed and invalid, and for which the solicitor was not present to check my fathers mental well being at hospital) has since cut all ties and decided to fight to keep everything within my fathers estate through the intestacy act.

We believe my father had a previous Will (possibly not executed) with the same solicitor.*

For what grounds can we ensure that this Previous will (whether executed or not) is released? There is a strong fraud and negligence case, as well as possible* conflict of interest, in preparation of the will.*

Look forward to hearing advice for this distressing situation.

Regards
*

[des8]

Hi and welcome
Sorry to hear of your loss and subsequent problems.

When do you believe your father had his possible previous will drawn up?
If it was prior to his marriage to your step mother it will be of no import as the marriage will have cancelled it.
Also if not signed and witnessed it will be of no value.

From your post it seems that your father's estate will be dealt with under the intestacy rules.
This does not exclude you from making a claim under the Inheritance**(Provision for Family and Dependants) Act 1975*