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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my father remarried 40 yrs ago and moved into the home of the

Customer Question

my father remarried 40 yrs ago and moved into the home of the lady he married, he lived there 3 yrs before they got married, she had a son but didnt really get on with him and his wife, she made a will and said she wanted to leave everything to my father and made a gift of deed to him regarding the house, in the will she said if my father was to die before her the house would be split between myself my sister and her son, unfortunately she died 15 yrs ago. my father has recently died and has made a will leaving everything to my sister and me, I would like to know if this man has a claim on the house, my father has lived in the house for 43 yrs. thank you
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
For clarity your father inherited the house outright and the property was registered in his sole name is XXXXX XXXXX?
Claire
Clare and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.


i think its in both their names

Expert:  Clare replied 4 years ago.
Hi
Sorry do you mean that no action was taken to transfer it into his sole name after his wife died?
Claire
Customer: replied 4 years ago.

no i think her name was kept on it

Expert:  Clare replied 4 years ago.
Hi
That is a shame
Are you aware of any earlier Will made by your father which included his stepson?
Claire
Customer: replied 4 years ago.


no i think he only made this one will

Expert:  Clare replied 4 years ago.
Hi
My apologies for the delayed reply.
Since half the house was his to by way of a gift and the other half passed to him under his late wife's Will your father was entitled to dispose of it in his Will as he chooses.
Had your father made an earlier Will mirroring that of his wife then it is entirely possible that his step son would have tried to argue that in fact the Wills were mutual wills which could not be altered - but as things stand he has no claim
Claire

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