Unsigned Wills

Nicky_p_3

Hi, I am not sure if anyone can help with my problem. Short story is my Mum sadly lost her battle with cancer last year, and was shortly followed by my stepfather who never got over losing my mum. Although my mum had drawn up a will she passed away before she was able to sign it. My stepfather inherited everything. I don't know about intestacy laws but I just assumed this was correct. My stepfather had his will drawn up and was due to sign it on the day he died. His estranged children now are the beneficiaries according to the law, but surely the fact that he didn't want them to get his money and the fact that he had done a will stating this should mean something. Shouldn't it? He was my step father for almost 30 years and brought my sisters up as his own children. It breaks my heart to think that the two people I love and miss so much do not get their wishes after they are gone. Please please if anyone can offer any help I would be so grateful.

mum2one

I'm so sorry about the sad loss of your mum and stepfather, it does seem that as the wills weren't signed then it will go down the intestacy law, and go to his children.
You may be able to contest the will,but it could be expensive, the best thing I can suggest is consult a solicitor but when u ring up, ask if they do a free introductry half hour, most solicitors do, and take as much documentation, I mean relevant documentation,ie copies of the will and any previous wills and c where u go from there x

Steel_2

Can you just clarify "he inherited everything" ?

If your mother died without a will she died intestate, therefore the intestacy laws should kick in.

If your mother's assets totaled less than £250,000 (as of April 2009; prior to this date it was £125,000), your stepfather inherits everything.

If your mother's assets totaled more than £250,000 (as of April 2009; prior to this date it was £125,000), your stepfather gets the first £250,000 and a life interest in half of the remainder. The other half of the remaining money is split between the children.

As far as I'm aware, stepchildren are not classed as beneficiaries under intestacy laws. Adopted, illegitimate and half-children are.

It's pretty confusing, but essentially if you and you step-father's children share a common parent between you, your are entitled to inherit. If you do not - for example your stephfather's children were born in his previous marriage - you are not entitled.

You definitely need to take legal advice on this though, as a long period of estrangement might be grounds for challenging the ruling. How long was he estranged from his children and how can you prove it? Otherwise it will be your word against theirs.

Tuesday_Tenor

'shortly followed by'
How much 'shortly after'?

I assume your stepfather survived your mother by at least 30 days?
If not then he won't in fact have inherited; I can't remember the details; would need to look up what happens in such a situation.

An unlikely scenario, I know; just clutching at straws for you ....!