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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11757
Experience:  30 years as a practising solicitor.
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My father died in March this year and owned 50% of property

Resolved Question:

My father died in March this year and owned 50% of property his wife and himself owned. My dad trusts her when she either dies or sells his share comes to me and my sister (they had no children) Unfortunately we don't trust her and therefore are we entitled to his share regardless of what she puts in her will when time is appropriate or indeed his grandchildren if myself and sister no longer living
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
I had rather a fraught meeting with her a few weeks ago to which she intimated if my sister or I upset the apple cart in any way we would be taken out her will which I presume is where my father totally trusted her to divide estate appropriately ie half to her sisters, nieces etc and his half to my sister and me
Customer: replied 1 year ago.
While my father was in the hospice my sister had intimated to his wife that he had always said to us (his daughters) the majority of his money was in the house to which she said he owned 30% but had clarified today he does in fact own 50%. Value of property approx £ one million.
Customer: replied 1 year ago.
After my sister mentioned the property she requested dad's solicitor go to see him in the hospice as she wanted "no upset" I questioned his lawyer taking instructions as he was obviously on drugs but she said she was satisfied with his mental state. The will updated in December is total contradiction to what he'd always told us. We received just under 10k each after all deductions ie funeral, solicitors and she took half of household expenses off too while dad was in hospice. She is a clever lady and wealthy in her own right
Expert:  JGM replied 1 year ago.

If your father was fit to make the will then it stands and you will have to hope that your stepmother does provide for you in her will. Your father has the choice to leave the house or at least his share of it to whoever he wanted unless the title deed provided for it to go to the survivor of them in which case the will is irrelevant. If there is no survivorship clause in the title deed and your father was not fit to make a will, and you would need medical evidence to prove that, then you could apply to the court for a reduction of the will in which case the estate would fall to intestacy and the rules of intestate succession would be applied. In other words the court can't rewrite the will to leave your father's share to you. It can only make the will invalid as if it had never been written. Happy to discuss. I hope that helps. Please leave a positive rating so that I am credited for my time.

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