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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10411
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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, my mother remarried when my father died back in 1973. My

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, my mother remarried when my father died back in 1973. My parents had a pub which they owned and when he died my mother carried on there few years. In the meantime she got married and when she gave up the pub and they moved into the house. They moved a couple times after that and when she died he changed the will because that is how greedy he was. I understand now that he has left everything to his side of the family, but my understanding is that if my father bought the first house and that was paid off with the insurance money when he died and that funded every move after that because they always bought something cheaper my sister and brother and myself should have some claim on that first estate that he moved into without paying a penny. Please can you help and tell me if we are right?
Thank you
Barbara
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Barbara and thanks Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am afraid that the 3 of you have no claim against his Estate.

Any monies of your Father's passed to your Mother on his death. As such, she was then free to do with that money as she so wished. Likewise, any monies your stepfather has gained from your Mother was his.

Sadly, your Mother should have made a Will leaving the 3 of you whatever monies she wanted to. As this did not happen, the monies held by stepfather do now legally pass in accordance with his Will.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Barbara,

Can I be of any more assistance to you?

Kind Regards

Al

Customer: replied 2 years ago.
Thank you early response.
There are a couple of things.
Lawyer
1. My mother told my sister that she had done a codesil and explained what this was we never found it and thought it could have been found by somebody else? If she did how would I obtain a copy of this?
Also my brother was adopted by him when he was 5 or 6 years old would he have any claim on the estate?
I still have my mothers will here and I am going to go through it again.
Many thanks
Barbara
Expert:  Aston Lawyer replied 2 years ago.

Barbara,

Thanks reply.

1. As with a Will, a codicil is a private document until Probate is issued. Therefore, there is/was no need to be registered with a third party, and it would normally be found located next to the Will.

If your brother, who was adopted,has been excluded from the Will, he would have to show that he has been financially dependent on your stepfather to enable him to have grounds to make a claim against his Estate.

I am sorry I can't give you any magical answer.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10411
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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