will contesting advice please

lexie167

hi just wondering if anyone knows any advice or has gone through the same and can tell me there outcome,
21 years ago my mum married my stepdad they bought a house at the same time but my mothers name couldn"t go on the mortgage as she was an undischarged bankrupt at the time so it went in my stepfathers name,my stepfather learned he had terminal cancer two years ago and my mother nursed him,he decided to pay off the mortgage because he always wanted to own his own house,my stepfather passed away leaving no will or so my mother thought until his son turned up with one that my stepfather had made 19 years ago and he has left everything to his children and nothing to my mother who even though did not have as much money or earn as much as him as contributed to the house from the very beginning,the daughter and son will not come to any compromise so she is going to have to go to court,what will her chances be,he did say she could stay in the house rent free but as soon as she moves out it as to be sold and shared between his children this can"t be right surely

Errata

This must be distressing for your mum, but on the face of it your stepdad had 19 years after he made the will during which time he had the opportunity to make a new one. Certainly duing the last 2 years of his life he had the opportunity to put his affairs in order and change anything he felt warranted being changed.
If your mum is 'going to have to go to court' then advice and guidance from the legal team she is employing should ensure the best outcome for her.

dzug1

As your mother was financially dependent on your stepfather then she does have the right (whatever the will says) to reasonable provision from his estate.

Whether the free use of the house is sufficient provision I wouldn't like to say, but suspect not.

lal1234

Doesn't the fact that they were married make any difference??

BDEB

That responsibility is to ensure their well-being as much as you can throughout your life - not spoil them unless that's what you want but just look out for them and help if you're able to, not if you want to.

I have three children, one sees me, the others do not, all are in my Will for fair percentages considering they don't see me and do see me.

It takes a real, special type of person to do what the first poster has had done to her. I know, my father left me nothing and my sisters shared everything. My sisters are real little sh**s for not contacting me and having the Will varied to include me OR, more importantly, my children.

Parents owe it to their children to be fair even if the child is foolish.

Don't bleed on about how "it's other people's money, they can do what they like with it" - the lady asked for help, not admonition, her mother's a real special spiteful lifeform.

Get Legal insurance and go for it!

bugbabe1970

Looking at things from a different perspective OP. My father in law fell out with his 2 daughters after his wife died 4 years ago and he has changed his will so that my DH receives everything from his estate. It is quite a large sum of money and a house. If anything happens to my DH then it all goes to my children. My father in law is now back in contact with one of his daughters but he is absolutely adamant that he will not be changing the will because of the hurt she caused him.

I am very uncomfortable with this situation but my father in law is absolutely adamant that she is to get nothing. She doesn't even know the will was changed. My DH and I have discussed the situation and we have decided that when the time comes we will definitely put some money in a trust fund for her 2 children. (My DH hasn't spoken to his sister for 3 years either, but we feel this is the right thing to do)

There might be a chance that your sister will also realise that your children should benefit from the money too. You never know