Dispute over will, does anyone know how to read a will? (Pictures included)

[icantwaitforsummer]

We don't know if we are being unreasonable even asking this, but hoping someone here knows a bit more about wills?

My sister and I remember our mum saying something about leaving her half of her house to me and my sister many years ago. She died 10 years ago, but my stepdad said the will says she has left it all to him.

From reading the will we aren't sure what it means. There is a part of the will I have highlighted in yellow that says:

IF my husband survives me for the period of twenty eight days then subject to the payment thereout of my just debts and funeral and testamentary expenses I GIVE all my estate to him absolutely-

What does that part mean? It doesn't change much currently we were just not sure.

Hopefully I have redacted all the parts with names and addresses, please let me know if I haven't.

The photos are in the wrong order. Point 6 states that the house has been left in trust to the two daughters. Husband can remain until death or remarriage etc.

The later point with the 28 days presumsbly addresses the rest of her estate (cash, material items) and goes to the husband.

I'd make an appointment with a solicitor and take all the paperwork. What does land registry say online/on the paperwork for the house? It might not be as complicated as you think. Just wordy.

Oh I did leave a page off sorry, here is the other one.

It won't let me add another photo annoyingly so here is the text:

THIS IS THE LAST WILL of.

I HEREBY REVOKE all former Wills Codicils and testamentary dispositions made by me except insofar as they deal with any property of mine situate at my and declare that this my Will shall apply to property situated at my death in any part of

I DECLARE that notwithstanding the fact that my husband and I are making the same form of Will at the same time we are not doing so as a matter of contract nor do we intend to limit the ability of each other to make a new Will in the light of any change of circumstances-

NOTWITHSTANDING anything hereinafter contained every person (save
only for my said husband being deemed to have survived me under section 184
of the Law of Property Act 1925) who would otherwise benefit under this Will but who fails to survive me by twenty eight days shall be treated for all
purposes hereof (except those solely in relation to the appointment of
Executors and Trustees in clause 4 and of Section 33 of the Wills Act 1837)
and for the purposes of the devolution of my estate as having predeceased me and my estate and the intermediate income thereof shall devolve accordingly
and no such person shall be entitled to any intermediate income from my estate
or any part of it if that person dies within that period-

I APPOINT my husband
to be my sole Executor but if he is unable or unwilling to act I APPOINT my daughters x and Y

to be the executors and trustees of this my Will but if they are unable or unwilling to act:

It’s probably old - it’s how they were written. We do them slightly differently now.

You can be gifted part of a house without eve knowing.
I was.

@icantwaitforsummer

It reads, to me, in para 10 that your Mum's share of the house is being held in trust for you and your sister.

Therefore, when he dies, your Mum's share, ie half of the proceeds of the marital home will be shared between you and your sister.

It is not contradictory. She leaves everything to her husband if he survives her by 28 days (which is a standard contract term). It then states that if he does not survive her, clauses 9-11 apply, which is where she leaves things to daughters.

It isn’t an especially wordy will either, they are all like this.

Edit: missed point 6 on first read as they are in wrong order on my phone!

Why even use all the other words in points 1-6 if she is leaving her half to him? Why not just write I leave everything to him as my husband?

Why are our names even on it?

So confusing 🤯

The trust is in clause 6 so it precedes that provision.

Hence why people are suggesting legal advice.

OP please see a solicitor.

I'm definitely reading it as the house is in trust to you and your sibling, with a lifetime interest to her husband.

@Picklestop sorry missed your edit. Think we cross posted. Confusing isn’t it.

You just need to go get professional advice and quickly, it may cost you but its the only way to get this sorted.

I know I have seen that now. It would have been helpful to have everything posted in the right order it was hard to read on the phone.

Anyway still seems clear, house left to daughters but he has a right to live in it. Everything else goes to him as he survived the mother by 28 days.

You are quite right- So husband gets a life interest in the house which then goes to the daughters and everything else goes to the husband absolutely.

Wills are often drafted like this, as if the solicitor hasn’t updated his templates since about 1950.

Reading that your names are already on the deeds made me wonder if your mum had already gifted her share of the house to you prior to her death. In which case the will shouldn’t make any difference to that as she had already transferred her ownership to you. It’s only what she owned at the time of her death that’s covered by the will.
But I’m not legally qualified so definitely take legal advice

So sorry I uploaded them in the wrong order, and I didn't include the first page, would have been helpful at the start

(Oh I wish Mumsnet would let us upload 4 images!)

What about the clause 7 wording that says
'I GIVE my estate to him to him completely'.

Even has the 'I give' bit in capitals, that must be important?

You are all being so helpful, thank you.

@icantwaitforsummer
You need to get some legal advice from a solicitor.
At the very least repost this (all of it, in the right order) in Legal Matters, not AIBU.
You do get some non-legal bods over there passing comment on the way things are worded or giving their advice based on what their best friend's parents did. But in general you'll get advice from people who actually know what they're talking about.
You can download the LR entries cheaply and ask for advice on those, but do redact any and all identifying information
IAAL

I’m reading on my phone and finding it hard to decipher because the pages are in the wrong order and some are missing. I think you need to post again with the entire will in the right order to have any chance of sensible responses from anyone!

If the house or her share of it had been transferred to you prior to your mother’s death however, it didn’t pass under the will to her husband and you will continue to own that share when he dies irrespective of what he does with his own share in his will. I would check the land registry to see if this is what has happened.

When did your mum die. This is also relevant as it may well be too late to challenge any of this or not worth doing so if her assets have all been spent.

I wonder if your Mum had already transferred her half of the house into you and your sisters names. This is what you need to find out and fast.

If she did it has been yours all this time anyway.

Everything has been left to your Mum's husband. It says section 9 to 11 only apply if he was to die within 28 days of your mum. So you can ignore those sections.

Whether 'everything' includes the house or not is something you need to speak to solicitor about because of the land registry having your name on it.

Part 6. Is quite clear about her share in the house. Part 10. refers to the rest of her estate.
When her will was executed the solicitor will have automatically registered the ownership with Land Registry.
We inherited property when my DF died, I vaguely remember being sent confirmation from the solicitor. But I don’t think they have to inform you since presumably you had a copy of the will. I think my step mother wanted transparency.
I would make an appointment with the solicitor who drew up the will. They can explain it to you and advice. Probably worth the cost in view of the value you are looking at.
Check with Land registry costs less than £10 to download the documents. It will also tell you if he has changed anything. Any changes would need your permission. When we changed our mortgage lender the solicitor dealing with the transfer suggested I updated my name ( land reg was still in my maiden name) I had to send in my marriage cert and sign a form. If your step father has taken you off the land reg fraudulently better to sort it out now.

I own my late father’s share of my parents house, I never signed anything.

You would have needed to complete a TP1 form to transfer sole ownership to your stepfather. It’s a complex form to fill in and I’m sure you would remember signing it.
As executor your stepfather would have done the initial transfer. The executor can do the transfer without involving those involved do you would not necessarily signed anything. If he didn’t use a solicitor he may not have executed the will correctly.
As I said above you need to get it sorted out now before it becomes necessary to contest his will.

Clause 6 is leaving the house to you and your sister with a life interest to your mum’s husband, clause 7 therefore should be referring to the rest of her estate excluding the house but it doesn’t make that clear and is therefore confusing. If your mum’s estate went to probate you can apply for a copy of that which may clarify how her estate has been distributed. Alternatively you could make an appointment with the solicitors who drafted the Will to have this clarified as to the intended meaning, hopefully they still have on file your mum’s original instructions which may clear up the confusing wording.

I would just speak to the solicitors who drafted this. My dad recently died and we interpreted the will as 14% of the Estate goes to various charities, which really confused us. It turns out that this was only if everyone in the named int the will was dead, and it was the whole will split between 14 charities. But it was impossible to decipher that from the way it was worded.

Anyway, I suspect your half is jn a trust with your sister. But you need the solicitors to confirm.

I urge you to check it with a solicitor, but as I read it, the house is held in trust for you and your sister, that is why you have been named on Land Registry, the person named as executor (blacked out, but I am assuming a firm of solicitors) will have done this as part of holding the property in trust for you.