Written out of will

[Azandme]

My dad died last month. He'd been ill a long time with dementia, so although it was sad, it was also a relief.

Tonight I found out that, after a lifetime of being told we'd inherit his house, my brother and I have been written out of his will - and neither us, nor our children, will get anything. Not a memento, not a single thing.

It's all been left to his wife.

That would be ok if we hadn't been told differently for over 40 years.

My dad only added her to the deeds of the house in January 2018 (after not doing this for the 20+ years they'd been married) - 12 weeks before he was formally diagnosed, and a month after he'd been telling my brother she was trying to make him change his will.

I don't know how to feel.

Either my dad chose to cut us out and the will was changed years ago, or his wife took advantage of him when it became apparent he was starting to develop dementia. Both options are awful.

Agreed. DM and her second husband had separate wills drawn up but referencing each other. Both had ring fenced property, shares and monies, to use whilst each outlived the other, but then went in proportion from either to both sets of their children.

A very important detail for giving advice on this is where you are, if you're in England and Wales the advice will be one thing, if you're in Scotland it will be very different.

Because of your suspicions, I would definitely consult a solicitor. You say you don't want to contest the will but your suspicions aren't going to go away. And remember, if he hadn't contested your grandmother's will quarter of the house would already be yours.

Absolutely this. Similar happened to old neighbours of ours. They then came to an agreement without anyone going to court

Excellent advice from @Alexandra2001.

I know someone IRL who had a will overturned, because certain information hadn’t been declared to the solicitor who made the new will. It’s too outing to share details, but I wouldn’t

*discount this possibility.

England.

You have a right to see the will
No, you don't. Only the Executor has that right.

Sorry to hear this. Happened in my family was Scotland though so never saw the will.

My advice comes from very bitter experience and heck of a lot of money but my Mums wishes were eventually honoured and thats what matters.

If the OP wishes, i can give her the name of an excellent solicitor with exp in the HC but it is not cheap.

You can't disinherit children in Scotland.

@Ginger1982 Was a sibling.

If you ever change your mind, your father got the will overturned on the basis it would go to you anyway. You could ask a solicitor if the court ruling could be changed given it was unfair to you. Your grandmother's wishes were not honoured and it was her property.

@Azandme

No, the executor is his wife's sister.

This sounds really dodgy! If they have no children then surely she isn't planning to leave your childhood home to her niece & nephew?

I think you should look into the grandmothers will being changed. I imagine it was done to shut her up.

Oh my goodness.

I too would recommend speaking to a solicitor as soon as possible.

I’m so sorry for your loss 💐. I went through very similar when my father died. While scoring 6/30 on the dementia test half the shares in his business were signed to SM & an overseas property sold.

People saying it’s not your right to inherit are correct; however, it’s our loved ones right to not be financially abused and their wishes respected when they are most vulnerable.

We went to court. & she had to return what she had taken into the estate. It took years & was highly stressful. But in our scenario it was the right action but every case is different.

check your& siblings’ household insurance - sometimes people take out legal cover and forget about it.

Good luck

It's very likely she will settle out of court particularly on your DGM element after all she won't want a long expensive court battle either.

My dad told me he had changed his will as he didn’t want everything going to his wife but now he has dementia and we cannot locate any other will than one that’s 30 yrs old leaving it all to her. She has stolen from him many times and is due to inherit 250k which she will spend on absolute shite, can’t do anything about it now though. I feel for you op, such a terrible situation

Your dad left their marital home to his wife. That's standard and selfish of you to think that it would be anything different. I would hope that she has left you and your siblings the house in her will. But you would need to discuss that with her. Either way, it was and is her family home.

@TheLifeofMe

I would hope that she has left you and your siblings the house in her will. But you would need to discuss that with her

That's the point. She has said she won't leave it to OP and her brother. She has no children of her own. So it looks like it will go to her nieces and nephews. Usually a house left to a spouse would eventually get left to children once the remaining parent has passed away.

It's also unusual to have your wife's sister as executor. It is probably her children who will benefit so she has a vested interest in how things pan out.

I know it shouldn't be a given that you inherit from your parents - but it's unusual to disinherit children in favour of nieces and nephews.

I think it’s wrong/sad that relatives can’t see the will until probate is granted. The law is strange.

I think it’s fair that the house goes to the long term spouse, but she’s pretty awful to push you out of future inheritance when she dies.

I think it’s definitely worth slowing probate down if you can, and give yourselves time to think. Consult a probate solicitor to see if they think it’s worth opposing the will. Ask if the previous case that your father brought helps, although it might play in her favour that your father didn’t want you to have the house.

Whatever happens I’m sorry this has happened and has made a difficult time worse.

Selfish? To believe what my dad told our mum/his elder brother and sister/our wider family forty years, plus stated in court? Then on marriage continued to tell all of the above, plus us, that his wife would have the same life interest his own SM had had, and we would inherit on HER death.

I don't think it's "selfish" to be shocked that this hasn't happened. Particularly as the changes appear to have happened so recently.

If you've read the thread (IF) you'll have seen that it isn't about the house, it's about my dad. Either he's made a conscious decision to completely go against everything he ever said to so many people, and I didn't know him at all - or he's been manipulated whilst unwell.

I started the thread because I don't know what to think.

And no. She's already said she will not be leaving it to us.

The father could’ve ensured his wife had a home by giving her a life interest in the property and then it would pass to his children. That’s very common with second marriages.

Personally, I think PP’s are correct, the wife and her sister have decided that it’ll pass into her nieces and nephews.

I really would slow down probate and seek advice on your Grandmother’s will and the subsequent court case.

I find it really odd that you expected to get the house. What did you think his wife of over twenty years was going to do? Where was she going to live? You're complaining that you were told something different but surely a decent person would have thought about this and realised it wouldn't/couldn't happen.

@Raincloudpink Did you read the full thread? It was the OP’s grandmother’s house and her will stated that her GC had a share in it.

Giving his second wife a life interest in the house so it would then pass to his children (as their grandmother wished) was the obvious solution.

Please read the thread.

As has been said repeatedly, we were told, by my dad, that she would have a life interest in the house - which means that she would have the house for the rest of her life, and when SHE died, we would inherit.

This is what my grandfather did with his house and my dad's stepmother.

"What did you think his wife was going to do?"

Carry on living in the house for the rest of her life, as stated - and as my dad's stepmother did.

"Where did you think she was going to live?"

In the house, for as long as she lives.

My dad inherited from his dad the same way - and it was my dad who repeatedly told us that's what would happen on his death. You "think it's really odd" that we would believe our father?