Fathers Will..

[icemaiden]

My Dad died in January. My step mum and I found two Wills. One not signed so invalid. The other signed and dated October 2005. This one stated that I inherit a sum of money and a trust fund set up for my Daughter. I did not ask for a copy at that time. A few weeks later she rang me and said, Wills have been sorted, you have X amount of money. I asked for a copy of the Will. Never received it. Asked again. Never received it.
So I wrote to the solicitors holding the Will, and said that I had been told I was mentioned in the Will. They replied saying there were no provisions for me. Confused by this I then wrote to the probate office for a copy of the Will. (I wasn’t going to ask her again). I received the Will from probate and it was a different Will. This one was dated October 2001.
My Step-mum inherits everything. There is a codicil attached dated April 2009, changes a few words but nothing that would significantly make a difference. This would also explain why she went from having to sell the house because she couldn’t afford it to buying a new kitchen, bed etc. She never told me about this will. I have tried ringing but she ignores me. I then received an email saying she was dismayed that I obtained a copy of the Will by other means and does not want any more to do with me or my daughter. (Daughter is heartbroken). I replied giving my reasons as to why I wrote to solicitor and that I had asked her for the Will twice. I also asked her where the other Will was. (The one dated 2005) She has not replied. It’s bothering me that he didn’t leave anything to my Daughter/ his Granddaughter. He doted on her and was always saying she would be ok when he died. Something is niggling at me that all is not right but I don’t know what to do? I have no money for solicitors to pursue it.

[icemaiden]

Sorry it's so long. Will keep checking back for replies.
TIA

[rowanwitch]

sounds like shes sorted things very nicely and unless you know a third party who saw the 2005 will it would be difficult to change things. Although it appears she has stolen your share and yourdaughters trust money you could ask the police if they can do anything doubt it as you have no evidence. I would look for a solicitor offering a free half hour initial interview though and also try the CAB as they have legal teams

[bonimarony]

Without the 2005 Will, or copy, it would be impossible to prove step-mum put earlier Will to probate. Maybe the solicitor who drew up 2005 Will has evidence ?

[icemaiden]

Your both right. It was only her and me that saw the other Will. Could kick myself now for not copying it at the time. Someone else mentioned about solicitors doing a free consultation and the CAB, will look into it.

Bonimarony-The 2005 Will did not have a solicitors name on it. I only saw the first page, I felt awkward reading it in front of her. I also wondered if Dad hadn't left a copy of that one at the Solicitors.

[bonimarony]

Maybe there's a bill, receipt, cheque stub, bank statement for payment from solicitor for drawing up 2005 Will - that would be evidence to start proceedings against step-mum.

Without evidence, all is lost.

[horseshoes]

I know it's a long shot, but if you live in a smallish place try contacting all the local solicitors and ask if they can tell from their records if they drew up the Will for Mr..... in 2005. I can tell you from personal experience, some of the small firms of solicitors have absolutely fantastic secretaries, especially if they are the more mature ones who have been there for years. No harm in trying.

[netibiza]

I was under the impression that you could contest the will being as you are a natural daughter.

[dzug2]

And it's <<possible>> that the 2005 will was found to be invalid. Difficult to tell.

What do you want to achieve? The relationship with the step mum sounds irretrievably gone. With no money for a solicitor your chances of getting any money are just about zero. A free consultation won't do much - just outline your options. Even paying for a solicitor I wouldn't rate your chances highly - he's going to have just as big a problem in getting evidence as you.


Walk away and leave it is the most practical advice.

[bednobs]

i don't really understand why he would have put a codicil in a will in 2009 if he had already superceded that one with a new will in 2005. it sounds like the 2005 either wasn't finished or witnessed.
Also, what happened to the x amount of money she told you about on the phone - if she was planning to swindle you, why tell you you had money?

[dzug2]

<<I was under the impression that you could contest the will being as you are a natural daughter.>>

Complete myth I'm afraid.

What you can do is apply to the probate court for reasonable provision from the will. If you were not financially dependent on the deceased then you are unlikely to be successful

[icemaiden]

She told me about the money because we thought that the 2005 Will was the only one. I'm guessing when she went to the solicitors they produced this new one with the codicil. Her thoughts then changed. That's when I didn't hear from her and I'm guessing when she didn't want to send me a copy of the Will. Because now there was a new Will.
I have nothing of my Fathers so I cannot check reciepts or Cheque stubs but good idea other wise.
The 2005 Will was witnessed and finalised, very strange, I agree, that a codicil was done in 2009 and added to the new Will.

I would love to just get on with my life and forget it but I know that my Dad doted on his Grandaughter and that he would do anything for her. The 2005 Will mirrors what he would tell me when he was alive. He told me how much money I would get and also the trust fund that was set up. This new Will is so different I just have this feeling that something isn't right. The icing on the cake is that she now wants to disown us both, we were all very close.

[icemaiden]

yes dzug2 is right.

horseshoes-Would thay actually tell me if they did draw his Will up?

[icemaiden]

By the way the new Will is dated 2001.

[bonimarony]

Daughter's Trust fund can only be cashed by daughter or guardian; that's worth looking into.

[bednobs]

if you only saw the first page, perhaps there was something that invalidated the 2005 will? or perhaps it wasn't properly witnessed? or properly written? it seems that your dad did not think of it as a valid will otherwise he wouldn't have added the codicil in 2009 to the other one

[bednobs]

or it could just be that she ripped up the 2005 one. You are never going to be able to prove it though, so dzug's advice is the best

[icemaiden]

Yes Bednobs, I think you are right. I cannot prove there was another Will.
No evidence, no case.
I feel sad for my Daughter, feel maybe she has lost out. My Father housed my Daughters rocking horse at his house, I have asked in the email if she can return it to us. I do hope she does.

[icemaiden]

Thank you all for your answers. Always appreciated.

[bednobs]

she will have her memories of her granddad though

[netibiza]

dzug. my fil contested his father's will when all was left to the stepmother and he won!