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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20343
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, my father passed away three years ago, which left my step

Resolved Question:

Hi, my father passed away three years ago, which left my step mum in the property they both lived in,as a few weeks went by ,after the funeral i had to ask my step mum about my fathers will,and who was the solicitor holding my fathers will, eventually i had a copy of my fathers will posted. basically my step mum was to stay in the property and keep it in good order, then when she passes away the house would be split between myself and my stepbrother equally. i have since learnt thriugh the probate office, that my step mum has made my step brother the main person in the will so in effect i don't inherit anything.....i cant speak to my step mum she dosnt want to speak to me, so meantime ive been to see a solicter and put a restriction on the property as the wishes of my fathers original will so it cant be sold behind my back....is it legal to change a will without my consent as im flesh and blood and named in the original will, and my father payed for that will to have his wishes carried out. i
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Stuart J replied 11 months ago.
Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.

Are you saying that your stepmother changed your father’s will?
How exactly did she do that?
Do you have a copy of the grant of probate and the will was admitted to probate?
I’m not certain how she has made your stepbrother, the main person in the will. If this was your father’s will?
Can I have the full background details please? Thank you
Customer: replied 11 months ago.

Hi,


Yes basically she has made my stepbrother a main trustee of my fathers will.


sorry i don't know how she did that the solicitors i went to for the restriction order on the property, didn't really want to get in to it they just advised me of the only option...if i could get a copy of my step mums will which surely im entitled to, but i cant as I said she doesn t want to speak to me.


I have a copy of the probate with the restriction on it which says about my fathers will and should be followed in accordance to my fathers will dated .....I. hope this helps I really dont know what else to do its not the money factor of this its what my Dad wanted, i have a older Brother and Sister to and i promised my Dad whatever he left me it would be split into three. Regards XXXXX XXXXX

Expert:  Stuart J replied 11 months ago.

Thanks.

What exactly did it say and what has she changed and what to?

That is what I am struggling to understand.

Who are executors?

Who applied for probate?

Can you let me have blow by blow of exactly what has happened please? Thanks

Customer: replied 11 months ago.

My Stepbrother is now the executor of the will, that is what the solicitor told me when they rang the probate office so they suggested to put a restriction on the property . My step mum must have applied for probate to change the will i would expect, i have very little detail on that side of things as she wont speak to me at all, its only what i found out through a different solicitor that didn't deal with my fathers will who in turn rang the probate office up. Regards XXXXX XXXXX

Expert:  Stuart J replied 11 months ago.

I still don't have enough information to go on.

 





Who was the
executor appointed in the will?

Who applied for
probate? Was it stepmother all solicitors or stepbrother?



She cannot and he
cannot change the will, under any circumstances, and that is what is confusing
me.



What exactly did
the solicitors say that you spoke to?





 

Customer: replied 11 months ago.

The executor in the will was my step mum, my step mum applied for probate. The solicitor i went to see said that She had made her son the executor of her new will thus cancelling what my fathers wishes,as the new will , my step mums, didnt include me in it so in effect my Fathers will no longer exists. Can this be right ? So i have a copy of my Fathers original will, so they advised me to put a restriction on my Fathers House so it couldn't be sold without me being informed.

Expert:  Stuart J replied 11 months ago.


I think we are getting there.

Your mother renounced executor ship and the court awarded executorship
to her son. Nothing wrong with that.



At that time, the property was presumably in your father's sole
name, and in his well. He granted your stepmother at the right to live in it
for life. And when she died, it would be split equally between you and your
stepbrother. There is no harm, and nothing wrong with that, and indeed, it is
not unusual.



However, if that is indeed what your father's will, said, then
nothing that your stepmother can do can change that will your father made.



She can do what she likes in her own will , but she can only bequest
to her son, anything which she has been left and in this case, she was left a
life interest with you and her son getting what is known as "the remainder".
She cannot well her life interest to anyone because her interest ceases on her
death.



On the facts that you have given me, therefore she cannot legally
sell the property without your consent and without you being paid your share of
the property. That is not to say that she might do something illegal and
underhand to try to deprive you of your interest. However, that would be
fraudulent.



However it is easier to prevent something happening than it is to
unravel it after the event and that is why your solicitor suggested putting the
restriction on the property so that she cannot attempt to do that and so that
you will not have to unravel it later.



From the fact that you have given me, you should still get your
share of the property when she no longer lives in it all when she dies.



She cannot change your father's will, so that her stepson or she
gets anything other than what was in the will.



Does that answer the question?



Can I answer any specific points?

Customer: replied 11 months ago.

So in a nut shell what my Father wrote in his will stands, regardless of any other will being made by Step mum or Step Brother. I understand though that if my step mum goes into a home them the funds would come from the house is that normal procedure ?

Expert:  Stuart J replied 11 months ago.



The first part of what you wrote is absolutely correct. What your
father wrote in his will, stands regardless of any other will being made by
stepmother or stepbrother.

The second part is not correct: If your stepmother goes into a home
and funds are needed to pay for that care, it can come from her own assets
which she only has a life interest in the property and it has no cash value so
they could not take the house.



Usually, the
provision in the will is that it reverts to the remainder men (you and your
stepbrother) once she no longer lives in the property, whether that is because
she dies, or simply doesn't want to live there or goes into care.

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20343
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Property Law Specialists are ready to help you

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