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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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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I have a query which I am looking for advice on. My mother

Customer Question

Hi I have a query which I am looking for advice on. My mother died when I was 4 and my dad remarried. My stepmother moved into the family home. My dad then passed away when I was 19.
Subsequently when I left home my stepmother decided to move out of the house and moved in with her sister and rented out the house. She has maintained that her will states the family home will be split when she passes on to myself my brother and her daughter. The house has now recently been "rented" to her nephew. We are very concerned about this as her sister seems to have a tight grip and taken control. We have been somewhat cut out of any discussions regarding this.
Do we have any legal options ?
Many thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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

What is your current contact with your step mother like?

Customer: replied 1 year ago.
We have contact and probably meet once a year and speak perhaps twice a year. Communication is polite but brief.
Expert:  Clare replied 1 year ago.

Was there anything in your father's will that restricted her entitlement to the property?

Customer: replied 1 year ago.
No he left it all to her
Expert:  Clare replied 1 year ago.

Have you any reason to fear that she has changed her will?

Customer: replied 1 year ago.
because we feel her sister is manipulating her
Expert:  Clare replied 1 year ago.

Have you discussed this with your brother and step sister?

Customer: replied 1 year ago.
we are all of the same opinion
Expert:  Clare replied 1 year ago.

What is your step mothers mental health like?

Customer: replied 1 year ago.
It's fine although she is in her 70s and has MS
Expert:  Clare replied 1 year ago.

There is no legal action that you can take at this point.

Obviously the three of you should try and spend more time with her, and her own daughter should consider discussing Lasting Power of Attorney with her so that she can support

her with her finances if her mother's mental health deteriorates.

In the event that it does transpire that the Will has been changed then you will be able to challenge it on the basis of her sister's Undue Influence on her

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