old will

If you are in England then the marriage revoked the will, if you are in Scotland will still stands.

Hugmystress wrote: »

Iam in England

In which case, Elsien posted some good links earlier in the thread.

(((hugs)))

elsien wrote: »

Browntia, I don't think that's correct, unless the will was made in contemplation of marriage, is it?

http://www.thisismoney.co.uk/money/experts/article-2409754/Is-true-getting-remarried-invalidates-will.html

You can enter a caveat against them trying to get probate.
https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation

In England and Wales any will not containing a clause that contemplates marriage to a specific indivual and the marriage takes place is invalidated.

Browntoa wrote: »

Unless you can prove otherwise the will is valid

Do you own any property jointly ? If so it should pass direct to you if registered as "joint tenants" . If tenants in common then each of you owns a percentage which would be part of his estate.

This is incorrect.Marriage revokes any previous will. If OP's husband didn't make a new will after they married, then he will have died intestate, and OP is likely to inherit the whole of his estate, given that it is fairly small.

As your step daughter is not responding to your texts I would suggest that you write to her (and her siblings) explaining that the will she has is no longer valid, as it pre-dated your marriage, and that while you are sure that her actions to date have been based on a genuine error on her part, you want to make sure that she is aware of the true position and knows that the will is not valid and does not entitle her to take any further action in relation to her father's estate.

That way, you give her the chance to save face and limit any dispute, but you have made her aware of the true position. If the only assets are personal items of limited value you may not need letters of administration, but you may chose to apply to limit any further problems.

You could also consider writing to her and her siblings, summarising the position and what he has left, and (if you are willing to do so) asking whether there are any personal items they would like to remember him by, or offering specific items you think might be of sentimental value to them.

Again, this may help minimise any hostility or dispute, and let you feel that you have done your best in dealing with your lat husband's family, even if they have not behaved as well to you.

if you want your husband's ashes back then things get a bit more complicated and I would recommend that you look for a solicitor with expertise in contentious probate as a matter of urgency.

I'd also suggest that you ensure that you have notified any banks etc (in writing) that you are the widow and that any will dated before the date of your marriage is invalid. (keep a copy!)

Did your husband have any life insurance or pensions? Who is entitled to those will depend on circumstances as they don't automatically form part of his estate, but it would be sensible for you to contact any companies involved to find out what (if anything) you are entitled to. For instance, with a pension, you might be eligible for a widow's pension.

You've mentioned one step-child - how have the others reacted? Is it worth contacting them to discuss what's happened? They may be in a better position to address her behaviour than you are.