Inheritance issue

[LoveCrystals]

Hi, thanks for providing this forum! My Mum died a year ago, at which point her husband inherited everything as per her will. It did not go through probate as passing from wife to husband. They had mirror wills that on his death everything would then pass to us adult children. He is now planning to re-marry and sell the house (Mum paid for it but put it in joint names when she bought it so he owned half anyway). His intention is to buy into his new wife's house and to make her the new beneficiary in his will and exclude us. The estate is worth approx £200k in total. Plus he has sold other assets and taken a lump sum payment for her pension. Mum's husband has no children of his own and is not our father. Is it worth us contesting this as I'm sure he would be entitled to 'his' half anyway and would be so costly to pursue. I understand we could have a claim under the 1975 Inheritance Provision for family and dependants Act. Myself and one other sibling are self employed, one doesn't own their own house and all of us have children and could use the money. None of us siblings were financially dependant on Mum or living with her.

We have requested copies of her will & the will preparation file but he is not releasing them. Is it worth me making a Larke v Nugus request anyway? I'm thinking of preparing it myself to avoid costs and hopefully then once we have the documents we can seek professional advice from there, otherwise I understand it could cost us thousands just to get to see the docs. Any advice very gratefully received! A solicitor I spoke to very briefly mentioned a possible nuisance suit? Thanks so much for your help.

[Kezwhi]

I’m hoping that someone can help you from a legal viewpoint- but what is really important is obtaining a copy of the will. You will then be able to find out the course of action open to you from t the wording in the will. I know you have tried but do you know which solicitor your mum drew up her will with? As you are a beneficiary you have a right to see a copy of the will- someone will correct me if I’m wrong!

[des8]

Sorry to contradict but strictly no one has a right to see a will except the executor until a grant of probate is obtained. Until that point it is a private document; after that grant is obtained it becomes a public document.

Although the house would pass by right of survivorship if owned as joint tenants, the other chattels would not do so necessarily, but you do say
"her husband inherited everything as per her will."

If that is the case there is little you can do if he changes his will except......
1) if there is clear evidence that there was a binding agreement between your mother and step father when they made their respective Wills the court can determine that the Wills were mutual Wills and therefore the terms are binding.
2)possibility of undue influence on your step father by his new wife
3) also faint possibility of a claim under the Inheritance (provision for Family and Dependants)Act 1975

You can try a Larke v Nugus letter, but he will be under no obligation to respond to it, and if he hasn't responded to polite requests why would he answer a more formal approach?

Your best hope is for a solicitor to send a LvN letter to the solicitor that drew up their wills

[Kezwhi]

The mum’s will may have been a Life Interest trust will? So although the husband was left everything, there may be something in the life interest will that states that he can’t change what who the beneficiaries are and what they get, regardless if he marries and has to have a new will? Is this right DES8? So there could be some hope for the OP?

[des8]

Our problem is that we do not know what the will said or even how the house was owned.
If it was in Mum's sole name it would not have passed to stepdad by survivorship
and if there was a life interest trust, it would still not be in his name and he couldn't bequeath it in his will

LoveCrystals have you checked ownership of the house?
Cost £3 here: https://www.gov.uk/search-property-i...-land-registry

[LoveCrystals]

KEZWHI & DES8 thank you both for your replies. The house was in joint names, my Mum paid for it but she put it into joint names from the start. There was no life interest trust, as far as we know the will was a very straightforward whoever died first got everything and the intention was that once they died it would then pass to us children. But it was trusting each other to make that last bit happen, so as is the case now with Mum's husband deciding to change his mind it is against the spirit of her will, but not how it was actually written. I have a copy of Mum's husband's will but not Mum's. The wills are basically straightforward spouse gets everything. Hence why I'm wondering about the 1975 Inheritance Provision for family and dependants Act because Mum failed to make adequate provision for us in that she blindly trusted that her husband would do the right thing and respect her wishes, which he very clearly isn't. He has told myself and another sibling directly that he intends to put his new wife in 'before us' in his will. If they had both died the inheritance would have come to us but the spouse inherits in the first instance.

[des8]

Inheritance Act claims have to be made within 6 months of the grant of probate.

Here you have two problems:
1) the will has not been presented for probate.
2) as the property was jointly owned, on her passing it automatically passed to her husband

As a close relative of the deceased you may be able to obtain a court order requiring hi to either apply for a grant, or release the will for you to apply.
If you want to proceed down this route i suggest you obtain professional advice from a solicitor specialising in contentious litigation.
an initial fixed fee consultation to discuss your options might be the best way forward

[LoveCrystals]

Thank you DES8, much obliged.

[Kezwhi]

So sorry Lovecrystals that he is acting in this way, but please seek litigation advice as DES8 suggested. But you can certainly put pressure on him by applying for a court order for him to apply for a grant or release a copy of the will as DES8 has stated. Do this as soon as possible .