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Fathers will

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  • Fathers will

    Hi - my dad recently passed away in January this year. His wife is still alive and living in the property they shared. I have always had friction with his wife, and asked her for a copy of my dads will, but she refuses. She then told me there is nothing left as they sold their house to her son - I never knew about this and to say I feel betrayed is an understatement. My dad told me a few months ago that all their estate would be split 3 ways between myself and his wife’s 2 children.
    His wife denies this. Could anybody please give some advice on how I can go to the right authorities and whether his wife is in her rights to do this. Thank you
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  • #2
    If there was property then there is a high chance that the estate would have gone to probate. You can request a copy of the will, though it may be some time before it gets there.

    For the property you can get the registration details of the property from the land registry for £3.

    If they sold the house to the son, unless it was a token payment, then there would be money in the estate.

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    • #3
      If the house was owned by your father and his wife as joint tenants, then regardless of any will it would have passed directly to his wife.
      If the house was owned by your father and his wife as tenants in common, or just by your father, then the executor would need to probate the will or obtain letters of administration.

      If the house was sold to the son prior to your father's passing, it would then depend on where the proceeds were deposited as to what happens next.
      If they were in a joint account they pass to his wife and it would be a difficult challenge

      As ostell start at land registry https://www.gov.uk/get-information-a...h-the-register

      If the will was taken to probate you can get a copy here: https://www.gov.uk/search-will-probate

      Comment

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