Advice on a will

[Rocknrollmummy]

I'm hoping someone can help as I can't really afford to pay for legal advice. My Dad died earlier this year and his wife has dealt with everything and she has told me that his will stated that everything went to her but then when she dies then everything will be split between my Dad's children and hers. I'm not sure that this will happen as I thought that people can leave their estate to whoever they want so now my Dad's estate has gone to his wife she can do what she likes. If this is the case my sister would like to contest the will, I don't really want to do but would like to know how things work.

[fledtoscotland]

Why don't you get a copy of the will to see for yourselves?

[Rocknrollmummy]

I wasn't sure if you could do this and not sure how to go about it.

[fledtoscotland]

It used to be Somerset house but I think you can contact your local registry office (births marriages & deaths place) and request a copy of the will. That's certainly how I obtained a copy of a family members will. There was a small admin charge

[Rocknrollmummy]

Thanks for that.

[Wuldric]

Do get a copy. Your situation encapsulates the issues faced by many blended families. If your Dad's wife has inherited the lot, then, as you say, she is free to do with it as she would like. I am not sure what your grounds for contesting the will would be. I would suggest you contact a solicitor (once you are in full possession of the facts and NOT before) and one that will give you 30/60 mins of free advice.

Here's how you get a copy of the will:

Assuming that probate has been granted, you can visit First Avenue House, 42-49 High Holborn, London WC1 6NP (tel: 020 7947 6939) which is the principal probate registry for England and Wales, and make a search in person.

Alternatively, you can visit the probate registry that covers your district.
There are also 18 sub-registries and you'll find a full list of both with addresses and opening times on the HM Courts Service website.

It is possible also to request a copy of a will by writing to The Postal Searches & Copies Dept, York Probate Sub-Registry, 1st Floor, Castle Chambers, Clifford Street, York, YO1 9RG, giving the full name, address and date of death of the deceased, stating what you require and enclosing the £5 fee.

[littleoaktree]

It could work as she says if he had put his estate (or the bulk of it) in trust and given her a lifetime interest in it. This means she has the right to eg live in the house for her lifetime (or potentially only until remarriage depending on the terms) but when she dies the house/estate reverts to the trust and the trustees distribute to the beneficiaries which could be all the children.

However you are right that if he left it to her outright then there is no legal obligation on her to follow his wishes in her will.

You do need to see a copy of the will as you know.

[Grittzio]

OP, I could have written this post myself as I am in exactly the same position, I have got a copy of my late fathers will and without going to find it, it is written in it that we will inherit along with her children upon her death. I'm hoping that upon her death if she has changed it we will be able to contest it, can't help feeling bitter though, my late mum left all her estate to my dad who in turn has left it all to another woman.

[Rocknrollmummy]

Thanks for all your responses, some really useful information. Will sort out getting a copy of the will.