will

[billybeaver]

my dad passed away 4 wks ago and my stepmother states that my father left every thing to her and we can not see the will what can i and my brother and sister do

[steveyk]

Not that I'm a legal bod or anything, but I'm sure a solicitor needs to see the will before any action can be taken and I would think that you are entitled to see it too!

[Ethel]

It's a sad situation.


Are you sure Dad left a will?

[vehelpfulguy]

I am sure a will is a public document and is available for anyone to see.

If you ask her nicely and she will still not show you it then I am afraid you may need to get a solicitor to write her a formal letter saying if she will not show it then you are taking her to court.

It is not nice for me to suggest that, but if asking nicely does not work you have to resort to the law.

[vehelpfulguy]

It is sad that things like this happen while you are still grieving for your father

There is a bit about wills here

http://www.lawsociety.org.uk/choosingandusing/commonlegalproblems.law

If it was a proper will then it will have had two executors (people whose job it is to make sure the wishes in the will are carried out).

Ask your mother who the executors are.

It will also have to be signed by your father and other witnesses to be a legal will. Ask your stepmother who the witnesses were.

It may be he did not leave a will and your stepmother is worried that she may lose the house or whatever.

If that is the case it still needs to come out in the open.

If your father had a solicitor it is very likely that they have a copy of the will (often 2 copies are made) so see if they have one.

[vehelpfulguy]

More about wills here

http://www.adviceguide.org.uk/index/family_parent/family/wills.htm

I would go to the CAB (Citizens Advice Bureaux)

[billybeaver]

I would like to thank every one who has replyed to me so far, The two executors to my dads will is my step mother and her own daughter who have already sold his possesions and his new car and closed all his bank accounts,all his money has been transfered in to my step mothers accounts already, we have asked to see the will but she says its all hers so theirs no need for his own family to see it.

[Harley]

They can't close bank accounts unless it was in joint names.They need a Grant of Probate and to obtain one they would need to go to your nearest Probate Office with the will and register it. It is then a public document and can be viewed.

If your father was married to your stepmother and I guess she was then she is entitiled to

the 'personal chattels' (see 'Terms used in wills and probate matters');
the first �125,000; and
a life interest in half of what is left (for example, the income or interest if the money is invested). The capital (the original amount) passes to their children when the surviving husband or wife dies.

[Nautilus]

Usually you have to get probate and when my late mother in law passed away it took more than four weeks to process all the paperwork in order to access bank accounts etc.........you should investigate further.

[joko]

any solicitor worth his salt would have advised your dad to make provisions for his own children, not just give it all to her and expect her to take care of kids who aren't hers.

he would have wanted you looked after

sounds like she is trying it on, but i would go to see his solicitor - as his children you have rights to see the will

[noxlumos]

She has to do one of two things legally, she either has to register the will or register him as having died intestate and if she does niether of these things within I think 6 months or it may be 12 then she is breaking the law. It's to precisely avoid the sort of situation you find yourself in. Either way you find out what his will says or that he died without having made one. As suggested go and see his solicitor.Good luck and very sorry for your loss.

[kazza12345]

joko, how do you know that? Maybe there is a family rift, or maybe the dad didnt want to leave it to his children. If solicitors are telling you who to leave your money to, whats the point in them?

[tgon]

Its never all hers. Ring a solicitor straight away.

[Ethel]

It certainly CAN be all of the step-mother's.

If the will shows that is what the deceased intended, then that's it. A person can dispose of his or her property however they like.

If a will wasn't left - the wife automatically gets the first �125,000 plus personal possessions.

If the house was owned jointly this automatically becomes hers, similarly with joint bank accounts.

I do hope it all gets sorted, billy.

[WendyS]

I'm sorry you find yourself in this distressing situation. There is a legal device called a Caveat which a solicitor can impose to prevent a Will going forward for probate and the assets being disposed of if you have a legitimate objection to the Will or believe the deceased was of unsound mind when the Will was made. But you will have to move very quickly and it sounds as if your Stepmother has already moved quickly. Was there in fact a Will or is she just leading you to believe one existed? If it did, it will have to be lodged in the Probate office. However, any Caveat would have to be done through a solictor and speed will be of the essence. Sadly if your father has left a genuine Will leaving everything to your stepmother, unless you are a dependant minor, there may be little you can do about it.