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Aston Lawyer
Aston Lawyer, Solicitor
Category: Family Law
Satisfied Customers: 10774
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My Dad died in 2009 and I was witness to his will along with

Customer Question

My Dad died in 2009 and I was witness to his will along with my step brother. My Dad said that half the property would go to me an my sisters whilst the other half would go to my 3 step brothers and sisters on the death of my step mum. Obviously it also ensured that if my step mum, who is still alive, would be looked after in her old age. Things between my step mum and two of my sisters has deteriorated dramatically and now my step mum is saying that she has done a will and we will not be getting our share of my Dads will. My step Mum is also going to sell the property. Where do my sisters and I stand on this please?
Submitted: 3 years ago.
Category: Family Law
Expert:  Aston Lawyer replied 3 years ago.

Hi there,

Thanks for your enquiry.

Could you please confirm if your Dad's Will says as regards your step Mum's entitlement if he were to die first? (You mention that the property was to be divided on the death of step Mum but not what entitlement your step Mum received on his death).

I look forward to hearing from you.

Kind Regards
Customer: replied 3 years ago.

Thank you for your response, I have not got a copy of the will but when I signed it Dad did say, in front of Mum, I cannot remember what was said regarding the information you need. Is there a way I can get a copy of his will?



Expert:  Aston Lawyer replied 3 years ago.

Hi again,

You do really need to see a copy of the Will to see what it says. If step Mum is saying that she is going to sell the house, this implies to me that she was left the house. If so, there is nothing you can do to prevent her from doing this.

You can obtain a copy of the Will from Leeds Probate registry for a nominal fee, provided Probate has been obtained.

On a side point, I would like to say that had you inherited anything on your Dad's death, as you witnessed his Will, any legacy you were entitled entitled to would be invalidated, as a beneficiary is not entitled to act as a witness.

I hope this sets out the legal position to you.

Kind Regards