families wills

DUTR

onlyroz wrote: »

If the mother made a will excluding her daughter, then her mental capacity would be a factor.

If the step-father made a will including the step-daughter, but then subsequently changed it to cut her out, then his mental capacity would be a factor.

The OP never mentioned that factor though, the OP will have a near impossible task contesting the will, whilst her step sibling take a share in a good sum.

onlyroz

DUTR wrote: »

The OP never mentioned that factor though, the OP will have a near impossible task contesting the will, whilst her step sibling take a share in a good sum.

The OP mentioned very little. I hope she will be back to clarify.

Edit: I am calling the OP "she" but I don't know that either...

DUTR

onlyroz wrote: »

The OP mentioned very little. I hope she will be back to clarify.

Edit: I am calling the OP "she" but I don't know that either...

Indeed the OP mentioned very little, though there is no reason why part or all of an estate has to go to offspring or step offspring.
However if the OP feels they have a case then they need to see a solicitor, who will put them straight

selfish

im very sorry you all think this way but the will was to go to 4 of us 3 of us was all his step children and 1 adoppted , me and my sister both cared for him she did more tham me because i work and she is retired , i just feel let down she doesent want to know us any more we were to be leve that the will stayed when they done it together, as they say money goes to money ,

meritaten

I am sorry selfish - but I dont understand your last post? whose will said that the money was to go to the four of you?

NAR

selfish wrote: »

im very sorry you all think this way but the will was to go to 4 of us 3 of us was all his step children and 1 adoppted , me and my sister both cared for him she did more tham me because i work and she is retired , i just feel let down she doesent want to know us any more we were to be leve that the will stayed when they done it together, as they say money goes to money ,

We think that way because it is fact. It will cost you far more than £2000 to challenge the will, but I'm sure any solicitor will advise you that you have no grounds to challenge will.

onlyroz

selfish wrote: »

im very sorry you all think this way but the will was to go to 4 of us 3 of us was all his step children and 1 adoppted , me and my sister both cared for him she did more tham me because i work and she is retired , i just feel let down she doesent want to know us any more we were to be leve that the will stayed when they done it together, as they say money goes to money ,

I'm sorry, this makes absolutely no sense.

System

to clarify? 3 step children and one adopted of deceased father. Brother, OP and adopted child get small amount in will and the sister who did more of the caring because she wasn't working gets the lot. It was the mothers intent that on her husbands death the children would get a 4 way share.

There is no legal recourse unless you can prove the father was not of sound mind when his will was made. Your mother should have left provision in her will that any estate she left should pass to her children and not her husband, otherwise there was no obligation on his part to honour what may well have been her wishes but not legally binding.

DUTR

selfish wrote: »

im very sorry you all think this way but the will was to go to 4 of us 3 of us was all his step children and 1 adoppted , me and my sister both cared for him she did more tham me because i work and she is retired , i just feel let down she doesent want to know us any more we were to be leve that the will stayed when they done it together, as they say money goes to money ,

When you say sister, do you mean blood sister or the adopted child, as the adopted child has the same or similar rights as blood children.

pauletruth

the adopted child must have the largest claim as they are legaly his. so if it was left to them then you have very little chance. if the adopted child has been cut out in favour of the other stepchild they may have a chance but its not going to be cheap or nice. my wifes father and his brother and sisters fought through the courts for nearly 10 years and non got to enjoy the money. if it was his intention to reward the one caring for him then thats a good enough reason for the will if he did it just to get at the other3 then enjoy the money you got and forget it don't let it wreck your life.