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Probate Issues

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  • Probate Issues

    My father passed away in 2020 and my mum passed away 2023. My fathers probate for my mother to inherit was straight forward but not so with my mother,who is techically our step mother from our early years, we enjoyed a good relationship and we had no idea my brother and I would face a problem now as my muns will, which is exactly the same as my dads, naming my brother and I as sole beneficialries is only a copy. The original seems to have gone missing whilst my parents solicitors went into administration between their dealths. The court are now suggesting we are not entitled to benefit and looks like their estate will go to estranged step cousins which have not been in touch with our family for over 40 years. The court are demanding we give the names and addresses over, which isnt a problem we just feel very devesated if this would be the case
    Can anyone advise the liklehood in this circumstance?
    Tags: None

  • #2
    If your step mother died intestate, then her natural/biological children will inherit

    Consult a solicitor.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Originally posted by atticus View Post
      If your step mother died intestate, then her natural/biological children will inherit

      Consult a solicitor.
      Thanks so much. My step mother didn't have any more choldren, we grew up with her and my father from a very young age. (my own bioligical mother died when I was 8 yrs). The only biological relative she had was two estranged nieces that she had not seen or heard from for over 40 years? Her own sister, mother of the nices died about 50 years ago.

      Comment


      • #4
        Please read the article "What happens to wills when a solicitor closed down?" at www.marleysolicitors.co.uk
        You should have received a letter from the solicitor that took over the dissolved solicitor's work, stating that they now hold the will
        The solicitor's governing body, the SRA oversees this process

        Please also read "Inheritance rights for stepchildren" at www.disputeawill.co.uk
        In particular the case of Higgins v Morgan & Ors (2021). The stepson successfully claimed against his late stepfather's estate under the Inheritance Act 1975. The stepfather had died intestate

        Comment


        • #5
          Post #3 understood. My advice remains to consult a solicitor with a view to ensuring that the will made by your late stepmother is admitted to Probate.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Guides and handbooks for Litigants in Person - :

          https://legalbeagles.info/forums/for...60#post1701560

          Comment

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