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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
I am very sorry to read of the above and please accept my sincere condolences for your loss. I will certainly try to clarify the position for you.
thank you. The starting point is that if no will can be found, then the intestacy rules would apply which provides that in the event your stepfather was not married when he passed away, everything passes to his child(ren) (natural or adopted but crucially, not stepchildren). Accordingly, from your point of view, it is relatively crucial that your father's will is found as otherwise, this may result in you being disinherited effectively unless your stepbrother agrees to vary the intestacy rules to make provision for you and your brother. Accordingly, some detective work is in order and in particular, tracing the individual that you recall made the will.
I am concerned that your comment that you signed the will. If you signed as a witness, but what also a beneficiary of the will, this may invalidate the gift made to you under the will. I'm hoping your memory is that you sign the lasting power of attorney perhaps as an attorney rather than the will but I'm not sure there is much benefit in dwelling on this point until you find out what exactly you did sign.
if the will can be found in the seems little doubt that it did at least at one time exist, then this would be enforceable in terms of your claim against the estate
I hope the above is of some assistance but if you have any further questions, please revert to me.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.
Thank you again for visiting JustAnswer and see you again in the future I hope.
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