House Inheritance-help Please!!

epoman

You may be able to contest any new will made by your father under the Inheritance (Provision for Family and Dependants) Act 1975 which provides that an application for financial provision from an estate can be made by any person who immediately before the death of the deceased was being maintained, either wholly or in part, by the deceased.

Stepmother could also apply if she is left out of the will and can show that she was living in the same household.

(Sorry, having reread the OP my reply is not specifically on point, but it may assist)

matto

A lot of this hinges on whether the house is owned jointly or as tennants in common. If its jointly owned then when he dies the other half automatically becomes the property of his wife and this is not determined by the will. If the house is owned as tennants in common then he can leave his half of the house to whoever he likes. He would need professional advice to get this drawn up correctly as provision to allow his wife to stay in the house until her death or until some other event (her remarriage) needs to be made.

terrierlady

why not give your step mother a chance and get to know her, you never know they/she maybe planning to leave it to the lot of you in equal shares.
ASK them, with step families the biggest issue is lost or no communication every one tries to second guess each other and always gets it wrong,ask them outright.
If you die have you left a will to leave your DAD something?

Mrs_pbradley936

A friend of mine was in a similar position and spent about £3000 on solicitors only to be told that he and his sister were not entitle to a penny. Apparently a marriage makes any pre-dated will invalid. If you are on good terms with your dad perhaps you should ask him to make a new will (after the date of the marriage) saying that his wife can live there till she dies and then anything goes to you and your brother. If he does not make some provision for his wife in the new will (say he leaves everything to you and your brother and you throw her out) she can contest the will.

Bossyboots

pbradley936 wrote:

A friend of mine was in a similar position and spent about £3000 on solicitors only to be told that he and his sister were not entitle to a penny. Apparently a marriage makes any pre-dated will invalid. If you are on good terms with your dad perhaps you should ask him to make a new will (after the date of the marriage) saying that his wife can live there till she dies and then anything goes to you and your brother. If he does not make some provision for his wife in the new will (say he leaves everything to you and your brother and you throw her out) she can contest the will.

Although as I have pointed out, there is some benefit in there not being a valid will in existence.

As it does not sound as if you are supported by or dependant upon your father, I can see no chance you would be able to claim under the Inheritance Act.

This is a straightforward matter of the house needing to be held as tenants in common, a watertight will drawn up by your father and for you to all stay on good terms. Remember, a will can be changed at any time.

If the house is held as joint tenants then it passes to the survivor to do with as they please.

sunnysummer

croboy wrote:

Ok-i know what your saying, it does seem rather callous however i have two main issues.

When my dad remarried, 99% of their accumulated wealth was his and i dont see why his hard work should be left to 'another family'. My dad is very, very adamant that he wants his house to go to my brother and I so i want to respect his wishes (and if im honest-inherit the house)

Secondly-i dont get along famously with my stepmother so I see no reason why she wouldnt leave anything she inherited to her immediate family as opposed to my brother and I (she has no children)

Gosh, I've got cold shivers going up my back just reading this. My Dad died suddenly in January and your scenario is eerily similar to ours. I urge you to do something about it to avoid all the heartache we're currently going through.

My Dad remarried just under 2 years before he died and his estate was comprised only of his 'wealth' ie he owned the house (mortgage in his name only) and was the sole 'breadwinner'. In the time he was with my stepmother his debts grew astronomically as we have since found out. Before they even talked of marriage Dad discussed his wishes with all of us. He wanted her to be able to stay in the house until she chose to leave and/or remarried, but everything was to go to my brother and I. He made a DIY will as he thought he had made everything clear and thought we would all abide by his wishes. Unfortunately he never changed his will after he married, but I think this could have been because he didn't realise it would be made invalid. He discussed it with my brother and I on numerous occasions - when they married and just before I had my little boy in November, so I don't believe his wishes had changed at all.

Anyway, as the previous will was made invalid by his marriage he effectively died intestate. This means my stepmother is inheriting the vast majority of the estate including all our family things which were in the house long before she came on the scene. The heartbreaking thing is that the family home is having to be sold to 'pay her off' ie give her what she is legally entitled to. This is our family home, the one which we both grew up in and has over 30 years of memories. My stepmother only met my Dad 9 years before he died and did not own a house of her own at the time. She has already benefitted from my Dad's lump sum and pension but wants to take all she can.

So, my advice to you is talk to your Dad - it's not easy but I really wish I'd done it more. I also wish we'd both known a bit more about intestacy - and my stepmother!! I'm sure my Dad was confident we all got on and would carry out his wishes, but if he is looking down it will be with disappointment at being wrong.

If you can get things sorted now it will save masses of heartache at the time you need it least. I would have been perfectly happy if my Dad had turned round and said actually I'm leaving everything to charity. He worked hard for everything he had and it was his choice to make. Money certainly doesn't buy happiness. My sadness is at the loss of of a home and all it's contents. Things that are rubbish to anyone but me and my brother. If you can just get your Dad to make a will that says you are able to choose a few personal items it could make all the difference. It would have done for me.

I hope you don't have to tackle this for a long long time.