Will and sister

[Namethecat]

My mother married a man when I was less than 2 years old. He adopted me and I took his name ( knew no other man as a father and went through life calling him Dad) They had another daughter who is obviously my sister. As a teenager I had a few problems at home and it became apparent that he thought more of her than me.
Anyway he has now died ( mother died a few years ago) and it seems like my sister has closed ranks 're the will/ house sell. She is dealing with the will and has not let me see it and says I will be seen alright. I'm half expecting not to have been mentioned in the will, but could she be trying to pull a fast one ? I know once probate has gone through I can get a copy of the will then but can I get her to show me it before that ? I am also aware that posts like this have come up before and the poster has been accused of being happy but I'm wondering whether it is she that is being grappy. I'm also aware that you can contest a will but how likely would that go baring in mind he is my dad but not actual biological father.

grappy not happy ! Sorry for typo .

Ask to see a copy, if she's nothing to hide, she'll show you?

Presuming your mother passed everything to your Dad? In that case I would expect you to be mentioned.

If he formally adopted you then legally you are just as much his daughter as your sister is. However (presuming you're in the UK) he could do whatever he wanted with his assets in his will. It's possible that your sister knows that he left you nothing but wants to give you something so that you're not upset, it's also possible that he has left you something and she wants to keep it for herself.

I'm not sure that there is all that much you can do until probate has passed and you can get a copy of the will, unfortunately.

She can't sell the property and dispose of the proceeds until probate has been granted.

You may have a claim under the Inheritance Act. Indeed, even if you had not been adopted you may have a claim. However, unless you were dependent on him at the time he died it is unlikely a claim would succeed.

If there is no will his estate must be dealt with under intestacy rules. That means it must be shared equally between you and your sister (assuming he did not have any other children).

This link might give you some answers
www.gov.uk/guidance/make-a-claim-to-a-deceased-persons-estate

There is a will but she is reluctant to show it telling me she will see me ok.

It's not up to her to "see you OK." It's up to her to follow the Will.

You are as much his daughter as she is. Don't let her tell you otherwise.

There is obviously something she doesn't want you to see.

Is she named as the executor?

If you’re named in the will you have a right to see it, perhaps a solicitors letter will encourage her to show it to you.

As I have never seen the will I have no idea is she is a named executor. I do not know who or even if a solicitor is involved as I say I am completely in the dark. I am assuming I will have to wait until probate is complete and pay for a copy direct from the probate office ( I am aware there is a 6 month cut off if I wish to contest) I do not know however if she has a set time to action / lodge the will for probate ?

If you’re named in the will you have a right to see it

Until probate is granted only the executors have the right to see the will. They can show the will to others but they are not required to do so. Once probate has been granted the will becomes a public document so everyone has a right to see it regardless of whether or not they are named in the will.

At this stage the OP does not have any right to see the will but her sister, as executor, can show it to her if she wants.

However, if she does not produce the will, or satisfy OP that there actually is one and that she is applying for probate, who is to say whether sister is telling the truth?

Agree completely. Whilst the OP doesn't have the right to see the will, her sister really needs to be more communicative. The secretiveness naturally fuels suspicion.

You need grounds to successfully contest a will. Your father can leave his money to whoever he wishes to leave it to if he was in sound mind when he made the will.
The 6 months rule only applies if you are contesting under dependancy/inheritance. If you were not dependant on him financially that is a pointless claim.
A claim because it is unfair might have merit given you are his daughter legally but would likely be extremely expensive and may not succeed as you say there were difficulties between you. However, if your mother and he made mutual wills (not mirror wills and there is a distinction) he can not then change his will and disinherit you. A mutual will means they each made a will that left the estate to the other but then to named people after the spouse's death. This kind of will is binding and can not be changed. A mirror will means they left the estate to the other absolutely in the hope it would then be left to bamed people but the absolutely means the surviving spouse can change their mind and leave the estate to who they wish after their death.
However, I think you need to have an honest conversation with your sister. You can apply for a copy of the will from the Probate Office once Probate has been granted, so you could just wait and do that. I just don't understand why she is not being straight with you.
Either, she is trying to protect you and not hurt you as he has not left you much/anything and she wishes to give you part of the estate - which she would be well advised to do legally with a deed of variation if the will.
Or, there is something a bit fishy going on. She is being very vague which is odd and not helpful.
That is why you and she need to have an honest conversation.

You cannot challenge a will just because it is unfair. Family and dependants can bring Inheritance Act claims, you can contest the validity of the will on various grounds (lack of testamentary capacity, undue influence, fraud, etc.) and you can get the will amended if it fails to carry out the deceased's intentions or is unclear but a challenge on the basis that it is unfair will fail. Unless the Inheritance Act applies, the courts in England take the view that the deceased can do whatever they want with their estate and it is not the job of the courts to interfere.