Oh fuck what is going to happen?

[notahappybunny7]

My mum has passed away. She has left everything in her will to me(house paid(220k and about 50k in savings)
no other siblings off my mother but my dad has 4 more(no relationship with them)
they're married have been for 40+ years but he’s a twat who’s never worked properly, my mum has grafted her arse off to pay mortgage and ct, he has paid utilities and food, well the basics my mum alway bought her lunches and any luxuries. No joint accounts ever.
I’m not money grabbing it my mum wanted this for me and my daughter, to better our lives, he is saying he’s not moving and will contest the will. What will happen?

Not in the eyes of the law their ain’t!

Unfortunately, not legally there isn't. This process was put in place to protect women when it was common for them to be SAHM yes, but it would cover your dad too, it would work the same for all married couples! Like you say, in this situation it's really really shite, and it does feel really unfair - but those things aren't really considered, there is a legal process that will need to be followed.

Get yourself in the phone to a solicitor first thing.

My mum told me? It’s no secret, he contributed about 20% of what she did. He chose to have a water meter and wouldn’t let her flush the toilet, etc.

Can you get the house transferred to your name and let him live there until he dies, or until he agrees to downsize?

A similar situation happened with a friend and her stepdad - 6 years later he’s still in the big family house that she was supposed to move into.

How dare I what? Do you think that the law cares about your dislike for your stepfather?

That’s not how it works. As others have said, you need proper legal advice, but it seems very unlikely that you are going to find a way to take his home from him, no matter how much you’d like to.

https://www.birketts.co.uk/legal-update/provision-for-family-and-dependants-act-1975/

Your feelings about your dad do not equal the law so as hard as it is you need to put emotions aside if you want the best outcome

I think the law will be on your dad’s side in the same way as it would be for a SAHM in the same situation. And you can say it’s not the same thing but in the eyes of the law it is

Sorry for your loss, OP.

Go talk to a solicitor. One who wrote the will probably not a bad start, but do also try another high street solicitor. Most people won’t charge you for an initial chat so you can make an informed choice.

If thé will is valid, it can stand. You can disinherit people in this country.

People who expect to have a claim - usually disinherited family members- can make a claim on the estate to provide for them. What they might get will depend on the circumstances. There was the recent case where - Singh family- where the wife was granted half of a large estate when the husband tried to leave everything to his male children and leave her totally improvised for after they had built a business together etc. But all depends on circumstances.

Get advice and support. Avoid needing to go to court but get advice so you know what your position is and you don’t get pushed into giving up more than you should to prevent nastiness.

Your story is already coming apart. You said before that he’d contributed nothing, now you are saying that he did.

Father not stepfather and yes, how dare you show such disdain for abused women. Bad taste

How can she get someone else’s home transferred into her name?

Btw have assumed the marriage predated the will, I think you said it did. If you had a solicitor doing it I’m sure it’s sound and then it’s just a question of whether your dad applies for extra support.

If you are prepared to help him set up in a flat then presumably he can get on board with things. A legal fight is not going to be quick, he would likely be in the property until resolved unless there is IHT to pay and you need to sell.

@notahappybunny7 Your outrage is misplaced. We are trying to tell you where you stand in the eyes of the law.

It’s showing disdain to politely explain the law to you?

You are not going to be able to evict your father from his own home where he has lived for decades and contributed to the costs. The fact that you feel antipathy towards him doesn’t affect the situation.

So therefore he contributed to the household

You have come here for advice and people are trying to help you and all you are doing is attacking them. Do you want help or just want to shout at everyone?

I don’t have a problem love, you do. I’m just pointing out that you need to get your story straight.

It really doesn't matter in a marriage. The money for our mortgage came out of my account for 25 years and dh paid for other things. It doesn't mean if we split it wouldn't be seen as maritial asset.

Err it’s just one person I’m “shouting “ at.

I'm so sorry OP. I'm sorry for the loss and the pain you are going through.

Unfortunately posting on the internet about things like this will invite people with no sensitivity or compassion at all. And no being accurate is not mitigation for being awful for someone who has literally just lost their mum and now has to deal with a father who abused her mother.

I know absolutely nothing about the law, I just wanted to post in solidarity and gently suggest you use the advice received so far as pointers to the direction your situation might go in, then get some professional advice. I wouldn't sit here reading these comments honestly. I hope you have support around you at this time 🍃

I’ve done neither, I’m just pointing out what the law says, and that your story keeps changing.

This will do you no favours if you do the same when questioned in court.

If she made the Will after they married then the assets follow the Will. End of.

He can either challenge the validity of her will or make a claim under the Inheritance Act. But if he doesn’t have any money, how does he think he’ll pay the solicitors fees?