My question is very complicated - I have spoken to solicitors...

[smart1]

...they aren't very helpful. My stepfather of 45yrs has recently died. Need advice before it's too late.

[jackthehat]

smart1 means a copy-certificate........because his next-of-kin will have the 'original'.

[smart1]

Because postdog - I do not have access to the death cert - I was lucky to gain information of the funeral. The family of 54yrs or so were not consulted. Instead, his previous workmates were consulted on songs and facts about his life.

[boxtops]

I'm afraid this is what happens with "new families" - the old don't get consulted, no longer part of the current life. It hurts like hell but it happens.

I agree with the others - verbal promises sadly don't count, it's what's it the latest Will which will be actioned.

[evil__sheep]

well, his wife is entitled to arrange a funeral i guess but as she arraNGED it she had to pay for it - look at it that way! not quite sure if he abused you all why you care so much about the funeral anyway. My advice to you is to leave it completely - you will spend money for no reward. If the valid wills have been adhered to, nothing will change

[smart1]

I don't have it - as his wife, she has it.

[factor-fiction]

Sadly, this shows the importance of keeping wills up to date.

[boxtops]

... and also that people can change their Wills completely, cutting out (or not including) expected beneficiaries, despite verbal promises.

[evil__sheep]

ps are you in england? things might be slightly different in scotland if you were fiancially dependent on him.

[smart1]

It just seems so unju ask how we didn't know. Once he married this black widowst - and I cannot deny I feel bitter - I was there when he snapped my mum's arm, I was there when he tore her earriing out. I realise it is not his new wife's fault, but I may be naive. This woman didn't even tell his stepchildren of 46yrs (they lived together since I was 3 - over 50 yrs ) that he had died - she didn't even tell us he was ill.

[evil__sheep]

well you can't change that now can you, so unless you want it to continue making you bitter, you'll have to find a way to get past it. I really think the will is not a line to follow - from the info you have given it seems a very unlikely avenue

[Barmaid]

Right, I am not going to spend ages correcting a load of misconceptions on this thread. Smart 1 I will try my best to point you in the right direction but I need a bit more info. Although from what you have said I cannot promise you any hope.

1 When did your mother and stepfather marry?
1a When did your mother and stepfather divorce?
2 Is your mother still alive?
3 When did your step father and the lady in question marry?
4 When did your step father make his will?
5 Was your step father's will expressed to be in contemplation of marriage or was it expressed to be a MUTUAL will (not a mirror will)?
6 What were the nature of promises made to you?
7 Have you relied on those promises and to what extent?

Btw, you can get a copy certificate from the Registry where the death was registered and the costs is significantly less than £25.

[themas]

smart1

If you really want good advice answer Barmaid's questions. She is a barrister & knows what she is talking about.

[smart1]

Thank you barmaid. My mum and stepdad married in 1965. They didn't divorce. My mum died four and a half yrs ago. As for the expression of the will, I don't know, but I doubt it . I cannot remember the exact date, but it was Jan/Feb of 2010. Mum and Dad made their wills years ago, so cannot help there. As for the expression of the will, I don't know, but he came to me before the marriage and said that he would give me and my brothers £3,000 each per year for the next 5yrs. He has done that for two years, and I can prove that. I have relied on these promises to the extent that I have promised to pay off debts that I have accrued over several years - to the point that bailiiffs are expected any minute. I know it sounds fickle, and even grasping. But there does seem something wrong, when a woman comes into aman's life in August (knowing he's had a quadruple bypass AND a heart attack), marries him less than 6 months later, and comes out of it with his estate, which he built up by my mum working all her life, and through that time, beating her at reguiar intervals (almost daily) and beating her kids (us) as well.

[factor-fiction]

I hadn't realised your mother had already died- sorry if I missed that somewhere earlier in the thread.
I know it's not easy but I think it may help to separate the bitterness you feel towards this woman and your stepfather from the legal aspects. If there is any way through this barmaid will probably find it.
Good luck smart1.

[smart1]

Thank you factor 30

[Barmaid]

OK, you really do need legal advice. Either go to an ACTAPS or STEP solicitor or contact a barrister who is licensed to do public access. Most will review the papers for you and give you an indication as to whether they will act on a CFA (conditional fee arrangement) basis without charging you.

It sounds as if you potentially have a claim under proprietary estoppel. Ie Stepdad promised you £3k a year for 5 years and in reliance on that promise and to your detriment you have taken certain actions. However, I caveat this with the rider that this may not be the strongest claim (if indeed it exists at all after review of the evidence) since you have to positively prove promise, reliance and detriment (and the law sees detriment in quite different terms to how a layperson might see it). You really should take formal legal advice and sooner rather than later.

There is also the weakest possibility of a claim under the Inheritance (Provision for Family and Dependants) Act 1975. From what you have said, I think this is unlikely but until someone in possession of all the evidence and surrounding circumstances has assessed matters it is impossible to say.

It sounds to me that these are the only potential claims - I could well be wrong but I am basing what I say on the information you have provided (and there are quite a few "don't knows"). A lawyer in possession of all the facts may well form a different (and much better informed view). Good luck.

[smart1]

Thank you Factor 30, but I cannot even begin to tell you how bad the funeral was - we, the family, were not consulted. If new wife had not let my Aunt in the Outer rHebrides know, we would not have known Regarding the funeral arrangements - I got to know, not from his wife, but from her future son-in-law. However, I did get a msg via Facebook to let me know when the funeral would be - again, not from her, but her future son-in-law.