My mother left everything to her new husband in her will

[warde73]

My mum passed away 2 years ago and left everything to her new husband. Now he’s met a new partner. Is there no child inheritance rights

[sederunt]

England and Wales, Northern Ireland or Scotland?

[warde73]

Hi I live in England.

[Pezza54]

Hi
Do you know the date of the probate grant? Have you seen the will?
The time limit for starting a claim under the 1975 Inheritance Act is 6 months from the date of probate. There is no time limit to challenge the validity of a will.

[des8]

Hi
Do you know the date of the probate grant? Have you seen the will?
The time limit for starting a claim under the 1975 Inheritance Act is 6 months from the date of probate. There is no time limit to challenge the validity of a will.

however the court has discretion to extend the time limit

[warde73]

My mum passed away on 17th June 2021 and we were never told about when any of her will will be discussed. Me and my sister were told by my mums new husband that everything goes to him. only when I got a copy of her will on line that I had seen that it states that anyone that contested the will would get nothing. So my sister said do nothing because we were worried that we would get nothing. He’s even said that there’s no childhood pictures of me and my sister and that my mum never had any which we know isn’t true

[Pezza54]

So when you read the will online, what was the date of probate grant?
Why are you concerned about getting nothing if you challenge the will? You stated your mum left everything to her new husband

[des8]

If you were to inherit nothing , what importance could a "no contest" clause have anyway!

No contest clauses may be ignored, but each case depends on its particular circumstances.

Take professional advice

[warde73]

Could I send a copy of the will on a private message. Me and my sister would have got 50/50 if my mum passed after her second husband but as it stands it all goes to him and now he’s met a new partner. He says that his will mirrors what my mother put but I’m not sure. Is there any way of seeing his will

[Pezza54]

What was the date of probate?
Not really any point in posting the wording in the will. Your mother's new husband could change his will to the benefit of his new partner, who may influence him into changing it

[des8]

..... and if they marry the will is automatically revoked anyway

[warde73]

I’ve only got a copy of the will how do I find out the date of probate

[Pezza54]

Search on www.gov.uk/search-will-probate

[warde73]

My mum passed on the 17/06/2021 and probate was 07/10/2021

[Pezza54]

Your mum passed away over 3 years ago, not 2 as in your first post.
Why have you left it so long? You may have had a claim under the Inheritance Act if you had acted quicker