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Change of will

Hi all and apologies if this has been asked many times before, but all very confusing. 
My aunt through blood left her a will leaving her share of her estate to my sister and I (we are her niece and nephew) She passed away and her husband stayed in their family home. We've just found out that he has moved into a nursing home and he has changed his will leaving a third of his estate to his cleaner, a lady who has been sucking up to him for the past few years and has also claimed her young son is his (my uncle is in his late 80's) with the remaining two-thirds going to charity. To be completely honest I'm not surprised, nor even really fussed about what he's doing with his estate/money, but wondered what my aunt's will meant or did that cease on her death as her husband was still alive, so everything goes to him and he can do with it as he sees fit?
Thanks in advance for any advice.

Comments

  • missile
    missile Posts: 11,879 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do you have a copy of the will? If your aunt left a will the beneficiaries ought to have received their entitlement on her death. Was her "estate" the family home?
    Speak to a solicitor, most offer an initial free consultation.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • Grumpy67_2
    Grumpy67_2 Posts: 6 Forumite
    Part of the Furniture First Post Combo Breaker
    No copy unfortunately. My mother saw it, but can't recall specifics, however I assume yes the home. I'll speak to a solicitor thanks.
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hi all and apologies if this has been asked many times before, but all very confusing. 
    My aunt through blood left her a will leaving her share of her estate to my sister and I (we are her niece and nephew) She passed away and her husband stayed in their family home. We've just found out that he has moved into a nursing home and he has changed his will leaving a third of his estate to his cleaner, a lady who has been sucking up to him for the past few years and has also claimed her young son is his (my uncle is in his late 80's) with the remaining two-thirds going to charity. To be completely honest I'm not surprised, nor even really fussed about what he's doing with his estate/money, but wondered what my aunt's will meant or did that cease on her death as her husband was still alive, so everything goes to him and he can do with it as he sees fit?
    Thanks in advance for any advice.
    Who dealt with your aunts Will (who was executor) how long ago was it and was it all finalised? 
    Forty and fabulous, well that's what my cards say....
  • MovingForwards
    MovingForwards Posts: 17,178 Forumite
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    If it went to probate, you can obtain a copy of the will and grant of probate from them.
    Mortgage started 2020, aiming to clear 31/12/2029.
  • xylophone
    xylophone Posts: 45,914 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did the will create an Immediate Post Death Interest in Possession Trust in her husband's favour with you  and your sister as "remainder men"?

    What does the Land Registry currently show as to ownership of the property?

    Get hold of a copy of your late aunt's will.
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A lot is likely to depend on hw your aunt and uncle owned the property. If they owned as Joint Tenants, then her share would have passed automatically to him on her death, so it was never part of her estate to leave to you and your sibling.

    If they owned as tenants in common then her share passes to you as per her will and his share will go to the cleaner or whoever he names in his will, when he passes, less any debts 9including care fees) he owes at the date of his death. 
    So you would need to clarify how they held their home, and also who your aunt's executors were and whether they administered her estate.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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