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Clare, Solicitor
Category: Law
Satisfied Customers: 34903
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have had a "parting of the ways"

Customer Question

I have had a "parting of the ways" with my step mother regarding my late fathers will. It would appear that she has destroyed it and redone her own will which i fear will not be what my father had intended. My late fathers will was that i was to inherit 50% of his estate on the death of both him and my stepmother, the other 50% was to go to my step sister and that we were to be joint executors to both wills. He told me of his wishes on several occasions and his fear that if he was to die first that i would not receive anything. On his passing i was not involved in any of the affairs it was dealt with as if there was no will in place. i have since asked for a copy of his will to be told it has been shreaded. My question is can i place a charge or register an interest in there property so that when it sold on the death of my stepmother the wishes of my father are carried out

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Were all the assets held in their joint names?
Customer: replied 3 years ago.

yes as far as i aware, the property is the main asset

Expert:  Clare replied 3 years ago.
Then I am afraid that the assets would have passed to your step mother automatically and since she survived him then his Will would have had no relevance.
This means that your step mother was entitled to make a new Will if she so wished and there is no claim that you can Register.
The only exception to this would be if they had made "Mutual Wills" which are in fact binding on the survivor
They are rarely made but you could contact the solicitor who made the Wills and enquire
Please ask if you need further details