finance

Legacy_user
Legacy_user Posts: 0 Newbie
edited 16 June 2019 at 7:57PM in Deaths, funerals & probate
Thank you for the information much appreciated

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 16,557 Forumite
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    If you have any doubts that she is telling the truth you could try contacting you father’s solicitor yourself. If they have a copy you may be able to get it accepted, but that require legal action to do so.

    As it stands your SM will inherit the first £250k and 50% of the remainder. You and your estranged brother will share the rest. Your SM could do a deed of variation to give up some of her inheritance in your favour, but I doubt your brother is going to turn down his windfall.

    This is a lesson is why the original will should be stored with your solicitor not at home or in the office.
  • lincroft1710
    lincroft1710 Posts: 17,608 Forumite
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    Without a copy of the will, you are sunk. If your stepmother destroyed the only copy, that is it! It does happen as I am aware of somebody who destroyed a will which was not in their favour. Even if you have an idea who the witnesses might have been, they would only be able to say they remembered witnessing the will.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    If you have any doubts that she is telling the truth you could try contacting you father’s solicitor yourself. If they have a copy you may be able to get it accepted, but that require legal action to do so.
    Without a copy of the will, you are sunk. If your stepmother destroyed the only copy, that is it!

    If it was made through a solicitors, they will have a copy plus the notes made during the meetings while the will was discussed.

    Our solicitor recently helped a beneficiary win a case where the will was destroyed by someone who would benefit more from the rules of intestacy by using the information they held on the will.
  • lincroft1710
    lincroft1710 Posts: 17,608 Forumite
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    You are the person most likely to know where the will would be, if your father or the business had a solicitor, that would be the first place to ask. I presume you have searched the business premises
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • bouicca21
    bouicca21 Posts: 6,512 Forumite
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    Any existing will would have been invalidated at the marriage to your step mother. If he didn't make another after his marriage then she is quite correct that he died intestate.
  • 74jax
    74jax Posts: 7,921 Forumite
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    HKel88 wrote: »
    My SM has told me the solicitor only holds an old will (for a previous long term relationship before her ) and as they (dad and her) got married the old will is void.
    I can’t get access to the business as she is now running it. Her story has changed several times and I know dad definitely had a will when he married my SM. Hence her claiming she can’t find one (seemingly not having looked very hard) and saying we should go down the route of intestacy is not ringing true with me

    I would check with this solicitor in person rather than take SM word. If you think he might have used another solicitor approach them too.
    Forty and fabulous, well that's what my cards say....
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