Will Reading - 6 months on

TBagpuss

as others have said, a later marriage invalidates any existing will, except where the earlier will was expressly made 'in contemplation of marriage' (normally specifically naming the intended future spouse!) 

So, if your dad made a will after your mum died, but before he remarried, that will is almost certainly invalid.

If he made a will after he remarried, that will will be effective.

If he did not make a will once he remarried or planned to remarry then he will have died intestate, in which case his widow will be entitled to the first £270,000 plus 50% of the remaining estate, pus all personal chattels (furniture, vehicles etc) and the remaining estate would be split equally between your father's children.

Perhaps approach your step mum to discuss it - after all, on the face of it, the house is in your dad's name so if he did make a will, or if it passes to her under intestacy, she may need assistance to transfer it to her name, and if the situation is that he did die intestate and (depending on the value of the house) strictly speaking, you and you brother are entitled to a share now, you can always discuss with her ways to resolve the situation amicably , for instance if you are happy for her to remain in the house during her lifetime,  . If you think the house is likely to be worth less than £270,000 and your dad is unlikely to have had other assets, then it would all go o her under any intestacy and it is really up to her whether she deals with the paperwork to put it into her name now, or leaves it for her estate to deal with in the future. 

navidson

Update on this horrible, crappy situation

My brother and I found the original will (which unfortunately my father did not update so is therefore invalid) - in which he left his estate to the two of us split evenly. 

We finally mentioned the situation to our stepmother (After over a year of failing to hear anything from her about the situation).  She stated that my father did not have a will (Unsure if she knew he had an old original will - not that it's worth the paper or the money the solicitors undoubtedly extorted from him)

She did mention that my father verbally stated to her that 'I'm of the mind to leave everything to you'.  Notwithstanding the potential double meaning of that statement, that is the only statement that we have from my father.

The conversation then progressed onto my stepmother 'promising' that my brother and I will be the main benefactors of her will when she passes (taking into account my fathers estate) - even though she has a son and a daughter of her own.

The problem with this is that there is no way of ensuring she is true to her word until the matter is ultimately resolved.  Perhaps I am naive but am more willing to give her the benefit of the doubt - whilst my brother is convinced that this is all a game she is playing and we will not feature in her final wishes.

Merry Christmas everybody!

Keep_pedalling

Did your father’s estate exceed £270k in value? If so you and your brother should have inherited 50% of anything above that amount.

navidson

Keep_pedalling said:

Did your father’s estate exceed £270k in value? If so you and your brother should have inherited 50% of anything above that amount.

Unfortunately not

Marcon

navidson said:

Update on this horrible, crappy situation

My brother and I found the original will (which unfortunately my father did not update so is therefore invalid) - in which he left his estate to the two of us split evenly. 

We finally mentioned the situation to our stepmother (After over a year of failing to hear anything from her about the situation).  She stated that my father did not have a will (Unsure if she knew he had an old original will - not that it's worth the paper or the money the solicitors undoubtedly extorted from him)

She did mention that my father verbally stated to her that 'I'm of the mind to leave everything to you'.  Notwithstanding the potential double meaning of that statement, that is the only statement that we have from my father.

The conversation then progressed onto my stepmother 'promising' that my brother and I will be the main benefactors of her will when she passes (taking into account my fathers estate) - even though she has a son and a daughter of her own.

The problem with this is that there is no way of ensuring she is true to her word until the matter is ultimately resolved.  Perhaps I am naive but am more willing to give her the benefit of the doubt - whilst my brother is convinced that this is all a game she is playing and we will not feature in her final wishes.

Merry Christmas everybody!

While is this such a horrible situation? Your father's estate has passed to the woman he loved enough to marry, which is what normally happens in these situations. It doesn't mean that he loved you and your brother any the less.

Savvy_Sue

navidson said:

(Unsure if she knew he had an old original will - not that it's worth the paper or the money the solicitors undoubtedly extorted from him)

Consider rather that the solicitors advised your father to make a will which covered the situation he was in at the time: widowed, living alone, with no thought of marriage. I suspect that any good solicitor would have covered the possibility of remarriage in their fact-finding. Presumably at the time your father never expected such a thing to happen. 

navidson said:

The problem with this is that there is no way of ensuring she is true to her word until the matter is ultimately resolved.  Perhaps I am naive but am more willing to give her the benefit of the doubt - whilst my brother is convinced that this is all a game she is playing and we will not feature in her final wishes.

Your assessment that there is no way of ensuring your stepmother is true to her word is correct. And whether you are naive or your brother is correct, there's still no way of ensuring she is true to her word. 

If she dies without making a will, you'll get nothing from her. 

This is unfortunate, but realistically what can you do? If you attempt to pressurise your stepmother to make a will, this may backfire. Even if you succeed in your aim, she might still remarry and not make a new will: as in your father's case, a will ceases to be valid on marriage unless made in contemplation of marriage. Or she may make a will in your favour, and change it at any time, for any reason. 

Also worth remembering that NO legacy is ever assured: your father's estate was not (in the scheme of things) a large one, had he needed care then the house might have been sold to pay for it anyway. He could equally have left everything to the donkey sanctuary. His choice, not yours. Your father could have prevented this situation, but did not.

You are no worse off than before your father died, you just feel you are.