Being cut from a will

mattojgb

"...to the surviving partner for their use and life and then on be divided between 4 children...."

This type of wording suggests it is left in trust and will automatically become yours (+siblings) once stepmother dies regardless of what is in her will. But it does depend on precisely what the will says.

sams247

Keep_pedalling said:

sams247 said:

What does your brother have to say about it? 

When you were asked what country, what part of the UK the laws of Scotland are very different to those of England and Wales.

ahhhh my ignorance, sorry.  England.

My brothers are supportive of the change.  

sams247

Olinda99 said:

It is definitely not a lost cause if depends on what the will said. Once you know, post it here

I spoke to Cit Advice today, they sat I cannot access will details until after probate and that is not completed yet.  My father died in October so I am assuming it will be a while yet.  

thegreenone

If your brother is Executor, what is he doing?  Has he applied for Probate? Is Step-mother also Executor?

sams247

thegreenone said:

If your brother is Executor, what is he doing?  Has he applied for Probate? Is Step-mother also Executor?

Probate has been applied for.  One of the issues is that my step mother and brothers are no longer speaking to me or my sister so we have no idea of whats going on.  We are no longer allowed in the house so cannot imagine whats being sold etc but accept we can no longer have an input.  

Alphatauri

That is a. Awful situation to be in. I am sorry for your loss. 

At this stage you need to wait for probate to be granted. You can then obtain a copy of probate and the will. This can take some time. There is a facility to do a standing search so you are notified when probate is granted. There is a small cost and you have to reapply every 6 months https://www.gov.uk/government/publications/find-a-will-or-probate-document-form-pa1s

WYSPECIAL

sams247 said:

Keep_pedalling said:

sams247 said:

What does your brother have to say about it? 

When you were asked what country, what part of the UK the laws of Scotland are very different to those of England and Wales.

ahhhh my ignorance, sorry.  England.

My brothers are supportive of the change.  

Are these your brothers or step- brothers?

sams247

WYSPECIAL said:

sams247 said:

Keep_pedalling said:

sams247 said:

What does your brother have to say about it? 

When you were asked what country, what part of the UK the laws of Scotland are very different to those of England and Wales.

ahhhh my ignorance, sorry.  England.

My brothers are supportive of the change.  

Are these your brothers or step- brothers?

Half brothers.  Same dad, different mum

sams247

Alphatauri said:

That is a. Awful situation to be in. I am sorry for your loss. 

At this stage you need to wait for probate to be granted. You can then obtain a copy of probate and the will. This can take some time. There is a facility to do a standing search so you are notified when probate is granted. There is a small cost and you have to reapply every 6 months https://www.gov.uk/government/publications/find-a-will-or-probate-document-form-pa1s

I now have the will and the probate.  I am still confused.  The will states that one of my brothers is to be executor but the probate says that my stepmum is.  Plus the will says all 4 children to inherit all property.  I'm not sure what that means.  What about the house - surely that goes to stepmum?  

FlorayG

That looks pretty clear - you now own 1/4 of the estate and your stepmother owns nothing
Might be some clauses in the rest of the will - what did the original clause 3(b) say?