Wills

[thered]

Long story short

Daughter's mother marries to make a step father


mother dies but left will to Stepfather and daughter


Stepfather now with another woman married.


Is original will valid or does it all now pass to the new woman's family

[Shady]

original wills valid isnt it? unless changed by the mother before she died.


i wish you hadnt have made it short, it took some working out

[thered]

original wills valid isnt it? unless changed by the mother before she died.


i wish you hadnt have made it short, it took some working out

Not sure if its valid or not

So this woman has no legal right to live in marital home if he dies first?

That doesnt seem right to me your husbands dead now **** off i want the house???

btw house isnt even fully paid up


Btw i think they made will together under the if she died it went to him then daughter on his death and if he died first it went to her and her daughter

[Shady]

i wouldnt have thought so, not if it was given jointly to husband and daughter. but then im not a solicitor red.. im just a man, with a mans hopes, and a mans heart.

[thered]

Im pretty sure she would have rights tbh

If they lived together for 5 year say and he died as his wife i am pretty sure she would have a legal entitlement

they are in effect both paying the bills.


The house is not fully paid and the name on the mortgage is the stepfather only it always has been. To confuse even more its interest only and will never be paid off.


As i understand it the will is for money, belongings and a half paid house there is nothing to stop him spending all cash or selling the house that i can see.


This woman in effect will be contributing to the house as a partnership so surely has more sway than the daughter

By the way the daughter has no copies of the will and does not even know which solicitor dealt with it, does this make a difference

[Shady]

By the way the daughter has no copies of the will and does not even know which solicitor dealt with it, does this make a difference

dont know about the rest, but surely this would make a difference if the stepdad wanted to be a dick about it.

id tell her to get onto a brief.. they give the first hour free dont they?

[thered]

dont know about the rest, but surely this would make a difference if the stepdad wanted to be a dick about it.

id tell her to get onto a brief.. they give the first hour free dont they?

No dramas at the minute Mrs Reds mother and family are all up in arms at the minute as she hasnt even been dead that long

There is no sign at the moment this will happen but its a possibility in the future, things can change quick in life cant they

[thered]

from what i have googled a will would be valid but there needs to be a will so she must have a copy or get a copy off a solicitor she doesnt know who has the copies and he has the will

So in effect she is reliant on him sticking to what he agreed.



I cant find anything about half paid houses and if she would be evicted were he to die or would she be able to keep house.

[thered]

Just to add to the above post


The house is not paid for as i mentioned but


The house was never in her name stepfathers only as she was to old to go on mortgage

So the house is in his name only and mortgage is his name only.


So does this mean a will for the home is not valid anyway as its not hers to give away?


Any legal advice great thanks

[jordigirl]

the house in fact belongs to him as it's in his name only - so will be upto him who he leaves it to.

if he is married to this other woman she would have legal rights as his spouse, if they are not would go to probate if he does not leave a new valid will

[super jumbe]

If I were you I would dig more from her solicitor in charge of the affairs, because few years back en English old women made a will to the next door Indian family because they were feeding and looking after her and when she died his son put that house for sale and ended getting nothing.

[thered]

the house in fact belongs to him as it's in his name only - so will be upto him who he leaves it to.

if he is married to this other woman she would have legal rights as his spouse, if they are not would go to probate if he does not leave a new valid will

Thats my thoughts but they seem to think that as they made the will before she died she is legally entitled to half

If I were you I would dig more from her solicitor in charge of the affairs, because few years back en English old women made a will to the next door Indian family because they were feeding and looking after her and when she died his son put that house for sale and ended getting nothing.

they do not have the will or know which solicitors dealt with it but they do know that he has it. There is no dispute at the minute over this but lets just say that the family are well pissed that he has a new woman so soon. Now this will only go two ways at the minute they want nothing to do with him. Time will either heal or make it worse

If it heals it then fine he may honour his dead wifes wishes if not then i dont think so. Personally without the actual will and with him being the owner of an unpaid house she would not really be entitled to anything unless he decided to act in good faith

[andy1967]

If the mother and step dad signed the same will saying first husband then daughter gets the house, I can't see anything anyone can change that unless they contact your wife saying such changes.

Legally the house is still owned to the banks, they let you sell the house and they then take their money and the rest gets left to your wife.

This new gf off the step dad, did she own a house before moving in? If she did have, did they put any off her money into the house, you said they still owe for the house so I don't think they have.

Like I said above they would have to give notice to your wife.

Get the copy off said will is a must.

[thered]

If the mother and step dad signed the same will saying first husband then daughter gets the house, I can't see anything anyone can change that unless they contact your wife saying such changes.

Legally the house is still owned to the banks, they let you sell the house and they then take their money and the rest gets left to your wife.

This new gf off the step dad, did she own a house before moving in? If she did have, did they put any off her money into the house, you said they still owe for the house so I don't think they have.

Like I said above they would have to give notice to your wife.

Get the copy off said will is a must.

Its not the wife its her mother

I suppose the will would be a great start because nobody knows what it says.

The house thing is on interest only the mortgage is never to be paid off they paid part cash and wanted to keep money so they got interest only mortgage in which they understood that the wifes mother would either sell the home and keep whats left after the banks been paid or move in and pay the rest of the mortgage off.


Now with regards to the house, its not paid for so now this woman is a partner and they live together she is in effect contributing to this property. So in this instance surely she has a legal right of ownership?

Even with a will i would assume that even if they agreed beforehand it was my mother in laws the very best she could hope for is a share in it.

Its confusing its not a straightforward case i have told mother in law to try and find will and seek legal advice


But anymore advice is more than welcome, what about a legal section on DK where solicitors give advice for free instead of ?200 an hour

[maca]

ohhh wills my bad..