Can stepmother change fathers will

Browntoa

common misunderstanding as stated above , joint tenants means asset goes to other tenant on death.


Fathers estate is any OTHER assets (not the house)

Mojisola

Lulu0110 wrote: »

My father-in-law spoke with my husband before he died and told him he had left everything to his second wife and on her death all was to be split 3 ways between his 2 children and her one child.

They owned a house together.

Can she change her will to contradict my f-i-l will?

Also can we ask for a copy of her will to hold before she dies?

If they owned the house together then it was either as 'joint tenants' in which case his widow now owns all the house or as 'tenants in common' in which case he could have left her a life interest in his share which would then be divided between the children after her death.

As long as the wills weren't 'joint wills' which can't be changed (but aren't often written these days), then she can change her will and leave her estate to anyone she wants.

If the wills were 'mirror wills' and your father trusted her not to change her will, then what happens is down to her - she could abide by his wishes or not.

You can ask for a copy of her will but she doesn't have to give one to you. The only will that's relevant is the one that is signed - you could suggest that she registers it with the Probate Office or keeps it safely at a solicitors (so that her son can't destroy it and inherit her whole estate under the intestacy rules).

TBagpuss

step one is to look at FiL's will.

If he left the property to his wife and simply had a understanding that she would then split it 3 ways on her death, then the property is hers to do with as she will. She may have made a will dividing it up or she may not. She is not under any obligation to tell you (or anyone) what her will says, and she is free to change it in future f she wishes.

If he left her a life interest then she cannot change that to give the whole estate to her son, if FIL left it to be split. However, she is entitled to live there until she dies, and if fre to allow her son to live with her.

If they owned the house as joint tenants then itwould have passed automatically to her on his death and the will would only affect his other assets.

So in order to work out whether anyone other than the son is likely to get anythign, ou would need to see FILs will and also to know whether the house was owned as joint tenants or as tenants in common.

Lulu0110

The will WAS made up by a legal firm. It is not a case of seeing that her son receives a share as is fair, more that he is a manipulative selfish person who would do anything for money, especially now moving into the house and he would make sure any shared will would "disappear" if it was to his advantage

WE all love the stepmother, she is a lovely person and husband says if she spent every penny on herself he would not care. Her son however is a vile selfish person who is now living off the pension of a older person. He is aged 40. The will says all is for the stepmother for her lifetime, but the main concern is that he can manipulate her to either change the 3 way split, or get his name on the deeds or some other underhand devious action. He has moved in, possession of anything happens to her.

Alter_ego

Lulu0110 wrote: »

The will WAS made up by a legal firm. It is not a case of seeing that her son receives a share as is fair, more that he is a manipulative selfish person who would do anything for money, especially now moving into the house and he would make sure any shared will would "disappear" if it was to his advantage

WE all love the stepmother, she is a lovely person and husband says if she spent every penny on herself he would not care. Her son however is a vile selfish person who is now living off the pension of a older person. He is aged 40. The will says all is for the stepmother for her lifetime, but the main concern is that he can manipulate her to either change the 3 way split, or get his name on the deeds or some other underhand devious action. He has moved in, possession of anything happens to her.

Have you actually read the answers people have posted?

Lulu0110

Yes, the comment was "and this is why people make a will with a legal professional" insinuating it wasn't. The replies seem to vary somewhat some say she can do what she likes and others saying she can't. No offense but your reply is unhelpful and a bit rude. I am asking advice and replying to the answers

Person_one

Your opinion of your stepbrother is completely irrelevant to the legalities. He could be the worst person in the world and she'd still have the right to leave him everything she owns if she wants to.

Nobody on here can give you accurate advice unless they've read your father's will. Did you read it?

Mojisola

Lulu0110 wrote: »

Even if he stated it was hers for her lifetime only then split?

Did he?...............

Alter_ego

Lulu0110 wrote: »

Yes, the comment was "and this is why people make a will with a legal professional" insinuating it wasn't. The replies seem to vary somewhat some say she can do what she likes and others saying she can't. No offense but your reply is unhelpful and a bit rude. I am asking advice and replying to the answers

No rudeness intended.
You cannot dictate what someone writes in their will no matter how you hate the likely benificiary.
Your stepmother appears to own the house, so can do with it as she wishes.

Lulu0110

Thank you for all the input. The will is not on the Probate link although this may be too soon. I am trying to help my husband and sister in law but gathering information. I know he DID make a will as my sister in law collected it from the solicitor, along with his wifes will and delivered them to her. They were sealed and so remained so. All the information I have is that FIL said all was going to his wife for her lifetime, them 3 ways. It is so hard to try and speak to stepmother as we don't want her more upset then she is already, but her son is making threats and insinuations to my SIL and we don't know what to do. In the months leading to his death we went every weekend, then every other day and at the end every day, driving there after work and coming home before work, 90 minutes each way and we were with him when he died. Her son suddenly became a model of filial piety after his death.