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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hi, My mother died several years ago. She is survived by our

Resolved Question:

Hi,
My mother died several years ago. She is survived by our stepfather who we do not speak too (reasons below).
My sister and I thought the house that they owned would eventually come to us and are sure a will was made to this effect.
Our stepfather has since sold the house.
At the time of her death, our mother was suffering from Alzheimers and our stepfather was under a restraining order to keep him from her because of abuse. My sister and I suspect there may have been something underhand done in changing will when our mother was ill and unable to comprehend fully.
Is there anything we can do...any way to proceed with finding out?
Thanks for any info/advice.
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can assist with this.

tdlawyer :

Can I check - did the will say that you were not to inherit, only your step-father?

tdlawyer :

I appreciate that you say it was changed, and I can address that.

Customer:

Hi,As far as we know

Customer:

the will said we were to inherit the house

Customer:

we were often told that by mum and stepfather before she got ill

tdlawyer :

Okay - but the final version of the will - have you seen it?

Customer:

no

tdlawyer :

So it could say you are to inherit or it could say it was for him to inherit?

Customer:

yes

tdlawyer :

What you need to know, first of all, is what the will says. As the house has been sold you should check for a grant of probate.

tdlawyer :

There is a guide how to do this online here: https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

tdlawyer :

Then, if you're satisfied once you have seen the will that all is okay - then that's the end of the issue. If, however, you can see that he has not adminstered the will as required and/or you feel that it has been amended, then you can challenge this, and issue court proceedings against him.

tdlawyer :

However, this is not something that you should be doing without legal help really. It's a complex thing to do and it's not like suing in the small claims court for outstanding monies.

tdlawyer :

If, however, you want to challenge it yourself, you could do, and you would issue an N1 Claim Form in the High Court in your local District Registry.

Customer:

Thanks for the advice. If it were to be found that he was in the wrong, how would it get settled seeing how the house has been sold?

tdlawyer :

Well, presumably he will have the proceeds of the sale? If so, then you could enforce against this potentially.

tdlawyer :

Or, of course, any other assets that he might have.

Customer:

I see. Thanks

tdlawyer :

If you think he has the money but will hide it if you sue him, then you should consider seeing a solicitor about the prospect of obtaining a freezing injunction.

tdlawyer :

This is where all his bank accounts etc,. would be frozen without telling him.

tdlawyer :

Then the matter would go to trial to work out whether he has done something wrong.

tdlawyer :

Again, this is not really something people would normally do without professional legal advice from solicitors.

Customer:

I understand

tdlawyer :

Is there anything more specific I can help you with about this?

Customer:

No, I think that about covers it. I suppose we have to see the will first. The link you gave...is that the best way to find it?

tdlawyer :

Yes, it is. It should have gone through probate and be accessible that way because otherwise the house, if in her name, couldn't be sold without it.

Customer:

Found it...date of probate 5th June 2013

tdlawyer :

Great :)

Customer:

seems a late date considering my mother dies in 2006

Customer:

died

tdlawyer :

Yes, it does rather. But you still need now to tackle the main issue of whether the will was altered without your mother knowing.

Customer:

Yes, indeed. Thanks

tdlawyer :

Thank you. Please remember to rate the answer for me before leaving the chat room. Thank you.

Customer:

Ok. better let you go.

Customer:

Just orderd the will, should be able to see it within ten days. Thanks for the advice.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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