UK Family Law
UK Family Law Questions Answered by Verified Experts
Thanks for your reply.
The starting point is that it is obviously your mother's choice as to what she directs in her Will. You must be careful to avoid any acts that may be construed as coercion as this could complicate things and possibly invalidate any replacement Will she makes.
You can explain the consequence of her decision to her and make her aware of your concerns and how it shall impact upon you and your brother, but I would stop well short of suggesting what she might otherwise like to do to take account of your position.
If she does not wish to change her Will there is little you can do about I'm afraid.
The alternative is to reason with the stepfather and hope that he is amenable to some alternative arrangement once your mother has passed.
Sorry it could not be better news .
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You can discuss it with your mother and explain that there are more options than the one she has selected but, as I say, it is ultimately her choice, not yours.
Those clauses can be drafted to take account of cohabitation, so if your stepfather started cohabiting or remarried then his life interest would cease and the house would then pass to you.
You can suggest that she may wish to consider giving him a percentage share of the residuary estate rather than a life interest in the property which would delay your practical inheritance. This would allow him to rehouse himself.
The most you can do is make sure she is aware of how her choices will impact you and your family and make her aware of the alternative available options together with suggesting that she speak with her husband to see what his position is, I'm sorry there isn't more that can be done than that.
I appreciate it is frustrating.