Codicil advice please???

littledi

Hi, can anyone give me advice on how I can ensure myself and siblings are not excluded from our dads will?
He says he doesn’t have a named Will,his wife,not our maternal mother,will automatically get his estate.
She has her own children and children to our dad.
Can anyone advise please,what do we do as his children?

silvercar

Advise him to write a will. With children of his own, children of his wife and children of him and his wife it is essential.

He should consider what his wishes are if he goes first and what his wishes would be if she goes first (ie how to offer some protection to his children that are not hers).

martinthebandit

littledi wrote: »

Hi, can anyone give me advice on how I can ensure myself and siblings are not excluded from our dads will?

Be nice, polite and helpful to your Dad, his wife and all your step and half siblings is your best bet.

Keep_pedalling

Both your dad and stepmother, should sort out wills as a matter of urgency. They both need to protect their own children from the desaster that would be the result of dying intestate.

Dox

littledi wrote: »

Hi, can anyone give me advice on how I can ensure myself and siblings are not excluded from our dads will?
He says he doesn’t have a named Will,his wife,not our maternal mother,will automatically get his estate.
She has her own children and children to our dad.
Can anyone advise please,what do we do as his children?

Not sure why you think a codicil would help when he doesn't have a will!

If he doesn't understand the rules of intestacy, not much you can do except explain to him what will happen if he dies intestate: https://www.gov.uk/inherits-someone-dies-without-will.

You can't insist he makes a will, so answers exhorting you to ensure he does so asap can safely be ignored; the decision is his, not yours.

Dox

Keep_pedalling wrote: »

Both your dad and stepmother, should sort out wills as a matter of urgency. They both need to protect their own children from the desaster that would be the result of dying intestate.

Bit melodramatic. Maybe they are perfectly happy to let the rules of intestacy prevail to save them having to be seen to 'prefer' their own children - ever thought of that?

littledi

My dad and his wife have a joint will. If he goes first,she gets everything,and vice versa. My dad is very poorly,and is now upset that he hasn’t,in his words,catered for us,his children to his first marriage. He is under the impression,that the step monster, will divide his estate evenly . This will not happen!! One of her sons will have the house remortgaged,he is not someone anyone will say no to. He has already told my father,that when he’s dead,the house is his!!! So there you have it,the reason I need some help and advice. I was told my dad could sign something to say,he wishes his 50% of the estate to be divided between his children by his first marriage,but his wife can stay in the property as long as she wishes. Only when the property is sold ,would we receive anything. This way,the stepbrother could only remortgage his mother’s 50% share. I hope I have explained the situation better.

mrschaucer

AFAIK there's no such thing as a "joint will". (They could well have mirror wills which, as you say, leave everything to each other.) Whether your father can leave "his" 50% of the property to anybody depends on whether they hold it as joint tenants or tenants in common. I think it would be sensible to arrange for a solicitor to make a home visit to your father, if he is so ill, to explain everything to him carefully so that he understands what his options are. At the moment, with respect, you all seem to be very confused.

littledi

Yes,confused is an understatement. We can’t get a solicitor to visit him,she won’t even let me and my brothers see him on our own!

Yorkshireman99

littledi wrote: »

Yes,confused is an understatement. We can’t get a solicitor to visit him,she won’t even let me and my brothers see him on our own!

Phone around and ask for a home visit. It is quite common. They will want to see him on his own to avoid any undue influence.

Keep_pedalling

Dox wrote: »

Bit melodramatic. Maybe they are perfectly happy to let the rules of intestacy prevail to save them having to be seen to 'prefer' their own children - ever thought of that?

Not melodramatic at all when you see the pain this can cause your nearest and dearest. If neither of them have wills who gets what depends on who dies first, and only a fool would do this. Although I suspect step mum has hers in place.

It is also not putting their own children first, it’s a matter of not disinheiting your own children through stupidity. If you want step children to inherit some of your estate then put it in your will.