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Dad died, step mum says will doesn’t need probate

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  • #16
    Originally posted by atticus View Post
    If... Apparently... but you need to verify whether everything was jointly owned. Have you obtained the Land Registry details yet?
    I’ve just received the search results. The property is solely in my step-mother’s name now.

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    • #17
      Originally posted by atticus View Post
      If... Apparently... but you need to verify whether everything was jointly owned. Have you obtained the Land Registry details yet?
      Yes, thank you. I have just had confirmation that the property is now solely in my step-mother’s name.

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      • #18
        If your step mum is right, everything in his estate was in joint names and has now passed to your step mum, your situation doesn't sound hopeful.

        As a solicitor, your step mum's brother is unlikely to do anything unlawful as an executor and risk his career.

        The mirror wills probably made provision for you and your mum in the event your Dad died after your step mum or they both died at the same time.

        Unfortunately there is nothing to stop your step mum making a new will.

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        • #19
          Originally posted by Pezza54 View Post
          If your step mum is right, everything in his estate was in joint names and has now passed to your step mum, your situation doesn't sound hopeful.

          As a solicitor, your step mum's brother is unlikely to do anything unlawful as an executor and risk his career.

          The mirror wills probably made provision for you and your mum in the event your Dad died after your step mum or they both died at the same time.

          Unfortunately there is nothing to stop your step mum making a new will.
          Thank you. I’ve been racking my brains to remember what my Dad told me, and as far as I can remember, he said that a percentage of the widows pension which my step-mother would be getting should be paid to Mum until Mum’s death. (Step-mother is 20 years younger than Mum).
          I need the will, and am waiting on my step-mother to provide this.
          I have the name of the solicitors she went to in June 23, and I am hoping they have a copy if she is obstructive.
          However, even if that is what it says, I don’t know if it would be legally enforceable, given that the money will be being paid into step-mother’s account.

          Comment


          • #20
            A defined benefits pension is normally only paid to the surviving wife, civil partner or dependent child. A will can't force new rules on a pension scheme.

            You could try writing on behalf of your mum to the solicitor your step mum went to and explain your mum's predicament.

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