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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33828
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 and step mother made a will to leave everything to

Resolved Question:

My father and step mother made a will to leave everything to each other and when the last one died then to be spilt by both of their children. My father died 20 years ago leaving all to step mother she has recently died, she had changed the will leaving most of the estate to her only surviving adult daughter. On my fathers side there are 5 surviving adult children.
Do we stand a chance of challenging the will?
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Do you still have a copy of your father's Will?

Customer: replied 8 months ago.
no I don't.
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 8 months ago.

Did his will go through the probate process?

Are you aware that the site charges more for a phone call

Customer: replied 8 months ago.
I am not sure, I really don't know.
Forget the phone call. Thanks
Customer: replied 8 months ago.
The house that my father & step mother shared was in my fathers name only. When he died the house was transferred to my step mother, would it have needed to go to probate to enable to do that?
Expert:  Clare replied 8 months ago.

Yes it would - and that means you can get a copy of the Will using the site here

https://probatesearch.service.gov.uk/#wills

What your are looking for is any wording that suggests that your father and step mother were making Wills at the same time that were meant to be "mutual" wills - basically unchangeable.

If you know which solicitors acted for him in preparing the Will they MAY still have a copy of the notes - and you can request them quoting the case of "Larke -v- negus".

You can challenge the Will - but to do so successfully you need to have some evidence that there was a clear understanding that the house was given to her on trust that she shared it between all of you.

In the mean time you can file a Caveat on your step mother's Will to prevent a Grant of Probate being made - which could enable you to try and negotiate the matter with your stepsister

I hope that this is of assistance - please ask if you need further details

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33828
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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