I don't think step-mum meant this, but my siblings and I will never see anything of the proceeds from our family home will we?

[WillOrWont]

My dad died 15 years ago and left everything to his wife, my step-mum. That included the proceeds from what was our family home as children, since he put that into their new house when he married step-mum. A few years after his death she met someone, moved away to live with him and made a new will. Shortly thereafter she married him. We were still close and I was glad she had found happiness after my dad's death. Sadly, a year after that she mentioned in passing that she was seeing a doctor about some funny aches and pains...and 2 weeks later she was dead. Pancreatic cancer. It was a horribly difficult time.

Anyway, she had said on her death bed that she had left things in trust to us, my dad's 3 children. (She had none of her own.) I thought no more of it tbh, assumed one day something would come our way, perhaps when the husband passed away. However, ten years on and out of curiousity I have just got hold of the will.. and it turns out that she appointed her new husband and his daughter as trustees, left them everything, in trust, but to dispose of when they see fit. So even when step-mum's new husband dies, the daughter will still be a trustee to do what she wants. We are dis-inherited effectively aren't we?? Can anyone advise in case I have got this wrong? Thanks for any comments.

Unless you are named as the beneficiaries of the trust, no, you won’t be getting anything. I don’t see it as immoral not to leave your children money but that could just be me.

It's not simply about "not leaving your children money". Do try a bit harder to understand.

Unfortunately your father was too trusting and I am sorry to say foolish.
Get legal advice that’s all you can do, but I wouldn’t hold out much hope. It’s awful and unjust, and something people should take into account when they remarry, especially late in life.
Peter Sellers, the actor didn’t leave anything to his children, all the money went to his last wife, who he was planning to divorce at the time of his death, and when she died young everything went to her daughter from her last marriage. Sellers blood children didn’t get anything from their father, which was unjust in the least.

Similar position. I am thinking of going into into the family home and getting the sentimental things I really don't want to end up as rubbish to them.

Pancakeflipper. From experience I would suggest that you do that quickly. I didnt and regret that my children have nothing of my dads. My dad painted. She won’t even let my children have an amateur painting each.

@Beansandcoffee.i find that heartbreaking and just plain mean. I am really sorry, that must be hard for you. - - and I will break in--

@WillorWont who are the beneficiaries of the trust and what are the terms of the trust? This is the key issue.

@Nextphonewontbesamsung - what is it then? The “family home”‘is long soldAnd
The children have grown up. Not sure what is supposed to be immoral

You could try contesting it as it is the family home and your dads intention was To keep a place for step mum then it go to you.... I’d try.

I think some solicitors might act on getting a percentage upon success rather than charging you an hourly rate but of course that depends on the odds they attach to your case of achieving success.

You could try contesting it as it is the family home and your dads intention was To keep a place for step mum then it go to you.... I’d try

The OP's step mother's will cannot be contested on that basis. The OP could try a claim under the Inheritance Act but, as she was not a dependant, that is unlikely to succeed. The only other way a will can be contested is if it is invalid in some way. If it didn't implement the OP's step mother's intentions correctly that would be grounds for a challenge. But the fact the OP's father wanted something different is irrelevant. He left everything to his wife so she was free to do whatever she wanted with it regardless of his wishes. If he had wanted to ensure that his children inherited he should have given his wife a life interest in a portion of his estate rather than giving it to her outright.

I think a lot of this difficulty happens because people do not talk to each other about taboo subjects such as death and wills and money! It is vital peope talk because some of that money would have been your mother's. It is grossly unfair but it is such a shame these matters cannot be discussed openly and your Dad should have have better advice when making his will.

You were disinherited the moment your Dad left everything to your stepmother.

^This. What he should have done was leave it to you and your sister in the event of his death. Your father is to blame for this mess

So as I read it, you are the beneficiaries but it has been left in trust. When you receive your inheritance is at the discretion of the trustee?

I think you need a solicitor to try and break the trust now you are adult.

This won't help the OP but if this was under Scots law you would have a claim for legal rights
Just in case anyone in Scotland has a similar situation

Yes as pp said - they are the trustees of property for your stepmum as settlor (who settled the property into the trust). But the trustees don’t usually benefit from the trust property - the Beneficiaries do. So who are the beneficiaries?

Sounds like a pretty typical story.
When people divorce there are no 'family assets'.
People also lie or are naive when they think their 'wishes' will carry more or any weight when they die.
It's dog eat dog when it comes to inheritances.
My will is water tight after seeing so many disputes and the fall out from so many family/friends going through inheritance problems.
I don't think you will have a claim, based on what you've said, but you could pay for a solicitor to go through it and see to give you peace of mind/closure.

Gosh so difficult, but so typical. You're almost 3 partners removed now, if your step mum's husband has remarried. The will, in theory should take into consideration you and your siblings, your step mums husbands kids, and now potentially your step mums husbands new wife and any dc she may have.

Tbh I wouldn't bank on getting anything.

We are dis-inherited effectively aren't we

If it was left in trust for you as your step mother said, you haven't been disinherited. The trustees cannot benefit from the trust. All that has happened is that your inheritance has been delayed. The question is how you extract money from the trust. Is it simply a case of asking? Or did your step mother put conditions on the money being released?

You have only been disinherited if someone else is the beneficiary of the trust.

For the pp who mentioned legal rights in Scots law, it only applies to moveable property (so not houses etc) and wouldn’t apply in this case as it’s ops step mothers estate