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Fathers wishes being ignored

keekeebees
keekeebees Posts: 6 Forumite
edited 28 June 2013 at 2:13AM in Deaths, funerals & probate
My father died 4 years ago but a couple of years before he died he and my step mother made a will, which stated that when they both die their estate was to be divided between myself and my 2 step sisters. Also that myself and the eldest of the 2 step sister were benefactors .
now my father has passed my step mother doesn't want to know me,
i left asking her about the will up until a couple of months ago as didn't want to upset her . when i did write to her and ask about my fathers wishes, all i got was a nasty reply. Can anyone give me advise ,
as to would my fathers wishes still stand? Thank you
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Comments

  • nom_de_plume
    nom_de_plume Posts: 962 Forumite
    Part of the Furniture 500 Posts
    From a total layman, I'm guessing a lot will depend on the precise wording of your father's will as to whether his wishes will stand. Assuming there is a property involved one would hope his will was worded in such a way that your step mother cannot now alter her will to write you out of the estate should she choose to do so.

    How do you get on with your step sisters? I assume you meant that you and the eldest were to be executors and not benefactors. Can you ask them what is going on? You can also check with the probate registry to see what, if anything, has been submitted to them.

    Have you seen your father's will? Do you know who prepared it? Probably as a last resort, you could instruct a solicitor to make enquiries on your behalf.
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    If you want to know what your father's will says, buy a copy from the Probate Office. The will you believe you know all about may not be his last one.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • nom_de_plume
    nom_de_plume Posts: 962 Forumite
    Part of the Furniture 500 Posts
    This assumes probate has been applied for. I'm guessing the OP made a typo and meant to state he is an executor of his father's will and so should have been involved in settling his estate.
    Reading between the lines it sounds as if nothing has been done yet.
  • NAR
    NAR Posts: 4,863 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    keekeebees wrote: »
    My father died 4 years ago but a couple of years before he died he and my step mother made a will, which stated that when they both die their estate was to be divided between myself and my 2 step sisters.
    They could not have made a will, but what you are possibly meaning is they made mirror wills.
    As Errata has stated you need to see your father's will. It may be that it states if both of them died the division would be between yourself and the step sisters. The survivor may have been left everything and your step mum could have since made a new will leaving everything to whoever she likes.
  • Thank you all
  • John_Pierpoint
    John_Pierpoint Posts: 8,401 Forumite
    Part of the Furniture 1,000 Posts
    edited 29 June 2013 at 11:49AM
    It is criminal to hide or destroy a will, and usually there is more than one copy floating about.
    Even if the will has been burn, it is possible to recreate it from the copy or even the notes taken by the will writer.
    It is just possible the widow has carried on regardless and not bothered to obtain probate or letters of administration.
    Step one is to search the probate register to see if you can find the "admon" (probate or letters of administration).
    If this is a "mess up" you have left things rather a long time!

    Then you can check the legal ownership of the home as registered at the land registry (£3 on-line with your credit/debit card) and what their rights to sell it are.

    Are you on speaking terms with the elder step sister?
  • Gigglepig
    Gigglepig Posts: 1,270 Forumite
    OP from your post it sounded like the intention was you would inherit after your dad and stepmum were both dead? So why do you think your dads wishes are being ignored? your stepmum is still alive, if you were not meant to inherit until she too passes away, perhaps she was a bit miffed at your inquiry? Just trying to give her the benefit of the doubt.
  • nom_de_plume
    nom_de_plume Posts: 962 Forumite
    Part of the Furniture 500 Posts
    The OP does make the comment
    Also that myself and the eldest of the 2 step sister were benefactors .
    which I take to mean executors. If that is indeed the case he should have been involved soon after his father's death.
  • John_Pierpoint
    John_Pierpoint Posts: 8,401 Forumite
    Part of the Furniture 1,000 Posts
    Gigglepig wrote: »
    OP from your post it sounded like the intention was you would inherit after your dad and stepmum were both dead? So why do you think your dads wishes are being ignored? your stepmum is still alive, if you were not meant to inherit until she too passes away, perhaps she was a bit miffed at your inquiry? Just trying to give her the benefit of the doubt.

    When step mother drops dead tomorrow with an aneurysm, who is going to sort out the mess and how much is it going to cost?
  • Leslie999
    Leslie999 Posts: 38 Forumite
    It is criminal to hide or destroy a will, and usually there is more than one copy floating about.


    Is it criminal not to make reasonable checks for a will as well ?
    Can you refer me to the law which shows it is a criminal offence to hide ( even by omission) or destroy a will.

    Thank you !
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