Thanks for your enquiry.
I take it that you are wanting to see your Father's Will, as opposed to also seeing her Will?
I also take it that the Deeds tot he property were in the joint names of your Father and his partner?
Your father passed away in 2012?
What is the date shown on the land registry title deed of the date that she acquired the property?
Are you able to attach the page of the Land Registry title showing her name and the restriction?
This is strange.
The property is in your late father’s partners s sole name and has been since 2004. And yet, your father died in 2013.
And yet it still has the tenants in common restriction on it.
If the property was held by your father and his partner in 2004 as tenants in common, then probate would have been needed in 2013 and your late father’s share of the property would have been transferred to siblings in 2013.
If, back in 2004 it was held as joint tenants, then probate is not needed as it passes to the survivor automatically.
What is unusual is that the property is insole name and has been since 2004 and yet there is a restriction which implies that there is an underlying trust.
I’m going to opt out of this for another expert who may be more experienced with this than I am but meanwhile, I’m going to run the scenario past a colleague to see if he has any idea what may have happened. He may not get back to me until tomorrow.
If the property was joint tenants from 2004, it doesn’t matter what your fathers will says, it passes to his partner under the right of survivorship. It is as simple as that. There is nothing to contest.
If you know who handled your father’s will, they will only speak to you if you were named as executor.
If there were no substantial assets other than the house and the house was joint tenants, there is no need for probate ever.
If the property is in her sole name because it was held with your late father as joint tenants, and she has inherited it under the right of survivorship, then it’s hers to do with as she wishes.
She can leave it at her children and cut you out completely and there is nothing that can be done about that.
Your late father could have resolved all this by doing the will which he may have done and if he did, where it fell down is that he didn’t let his executors and children know of its existence where it is so that they could go and get it.
It’s rather academic now.