Advice needed on sale of inherited property

[BilboBercow]

Folks I'm hoping you can advise on a fairly sensitive matter.
I lost my mum about 18 months ago. She left her property to myself and my brother with my stepdad having leave to remain in it indefinitely. but we felt this was unfair as they'd been together 10 years so had the will amended to give him a third. The fees to do this were split 3 ways.
My stepdad has decided he wants to move on and we've decided to sell. The property needed a little work and we've agreed to split the cost of this along with the fees.
I've just spoken with the solicitor and my stepdad has Apparently instructed them to include the fees for buying his new property in the bill to be split 3 ways. Surely this isn't right? I'm fond of my stepdad but feel like he's trying to pull a fast one here.

She left her property to myself and my brother with my stepdad having leave to remain in it indefinitely. but we felt this was unfair as they'd been together 10 years so had the will amended to give him a third.

^I think you were very foolish to give him a third and you went against your mums wishes. There’s a reason why she didn’t include him in her will.

I think you've dealt with him very fairly and would be equally annoyed at this if I was in your situation. How you deal with it now really depends on what your relationship is like.

I'm inclined to agree with misspiggy on this.

He's pulling a fast one and has seen you and your brother coming. Could you get proper legal advice on going back to the original will?

He can’t include those fees, no.

Sounds like maybe dm had more of a measure of him than you.. .

Honestly, I think you’ve been very generous. I presume your stepfather didn’t have property when your mum married him?
You need to tell him that as he’s the one who wants to move he has to bear the costs of doing so.
The selling fees should be shared as you would have had them if you hadn’t changed the will anyway. But you wouldn’t have buying fees.

Those fees are his problem not yours.

I actually think getting your money out of the house now is quite sensible. Him living in it indefinitely is of no benefit to either you or your brother.

Hang on a minute. Does he retain the right to live in the house? If so, whole proceeds of the sale are still "his" to use as he wishes whilst he continues to retain that right.

Changing the will complicates things, but if it hadn't been changed, he could move many times, with the "right" just transferring from one property to another, and any surplus cash retained in "trust" until the final day comes when he dies or otherwise releases his right. In that case, the moving/legal costs would come out of the house proceeds itself, i.e. not out of his own pocket.

I think you need some legal advice as to what the revised will actually says and means. Without knowing that, no one can say. Could be that despite selling it, the two of you still don't get anything at this stage.

Well I've responded to the lawyer via email stating we're happy to cover the fees for the sale and repairs but not the fees for his sale and he's backed down so can only assume he's been trying his luck.
I'm so disappointed though. My mum would be furious.

To those saying he saw us coming, with hindsight you're right but we were deep in grief having lost my mum to suicide at age 59. They had only been married less than a year and tbh I think she just hadn't got around to changing her will. She very much adored him, he was good to her and I don't believe she'd have anticipated this for a minute.

Doesn't getting married invalidate any will made prior to marriage?

Doesn't getting married invalidate any will made prior to marriage?

Yes it does, So if she made the will before her death, and it wasn't made explicitly in contemplation of the marriage, OP's mother died intestate, which means the step-father has no interest in the property.

If she died intestate he's now a beneficiary isn't he? He's her husband and her next of kin

If she died intestate he's now a beneficiary isn't he? He's her husband and her next of kin That's right, if the property is worth less than £250k he'll get it all. Any more than that and he gets half of the value over £250k as well.

Sorry folks didn't realise this thread was still going. Absolutely should have stated we're in Scotland which would have helped. My mum's will was legally valid and settled by November 2018. That's why we had to change it to give him a share. My step dads Solicitors have confirmed the value of the property will be split 3 ways