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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71546
Experience:  Over 5 years in practice
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Dear Solicitor, My father remarried after writing his will

Customer Question

Dear Solicitor,
My father remarried after writing his will in favour of his home going to my brothers, on his death. Our father died on 3rd January 2012. His wife put his home up for sale 2 weeks after his death. I questioned this and discovered that back in 2005 she had put her name on the deeds of my father's home. When l questioned her in that it seems that the will of my dad was that she could live in his home if he dies, there was no provision in his will that allowed her to sell his home. She took the house of the market and now l discover that she has put the house on the market again. Dads will was for his home to be sold and monies to go to my brothers in his will.
I hope this makes sense and sorry that this email is being sent on the last day of 2014.
For the sake of my brothers, my sister and l acknowledge my dad's chauvinism. It they do not know how to explore if they will lose their inheritance as made out in dad's will.
Kind regards,
Mrs Michelle Slade
07731 961037
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 3 years ago.

Dear Jo,

Can my step mother put my father's house on the market, without informing brothers who are in his will and can she expect to receive all monies from sale of house. Though dad's will has not stated that she is entitled to any monies, to sell his home, even if her name appears on deeds. Just being able to live in his home was part of the will. Will my brothers get half the house price?

Thank you

Michelle Slade

07731 961037

Expert:  Jo C. replied 3 years ago.

Do you have access to the deeds of the house? Do you know whether it is held as joint tenants or tenants in common?#

Did he get married after rewriting his will? Did the will mention that he was getting married?

Customer: replied 3 years ago.

Dear Jo,

Thank you for getting back to me.

I feel that l need to get more information to you, before carrying on with your service.

Thus I will not at present continue to send further emails and hope that one of my brothers contacts you instead.

Kind regards,

Michelle Slade

Expert:  Jo C. replied 3 years ago.

No problem.

The reason I ask is that if your father wrote in and did not mention getting married in it (written in contemplation of marriage), and he then got married after writing the new will, then any provisions with regard to anyone other than his new wife are void.

Hopefully either you or someone else will get back to me with more information