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wills

11 replies

katiemelua · 25/12/2005 23:51

just received news my father's house has been left to a very well off public school and I don't think there is anything we can do about it..we're skint and it would help us I think

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katiemelua · 26/12/2005 00:17

should we contest or leave it be

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cranberryjampots · 26/12/2005 00:23

who told you? had you fallen out with him?

katiemelua · 26/12/2005 00:25

no, when he died he left the contents to my family and the house to his wife, my stepmother. She has died and left it to this public school.

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cranberryjampots · 26/12/2005 00:29

oh dear! that doesnt sound good. Although it is up to her what she does with it, can you check whether he left a life interest to her and not hte actual property itself?

katiemelua · 26/12/2005 00:32

thanks, he left the property to her and so she could decide what to do with it..

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cranberryjampots · 26/12/2005 00:34

were you dependant on your father or s/mum? It may be worth seeing a solicitor but I would guess probably not.

Why has she chosen a public school?

A few years ago my friend was left half a house in an old family friend's will. We joked about the other half being left to the donkey sanctuary and it turned out that it really was the case. However she was grateful for the half she got

katiemelua · 26/12/2005 00:39

Thanks again, no we were not dependant in any way, and she choose a public school because she was did not want to leave anything to us as she was convinced we did not like her (she was always rude to us and a manic depressive and was a nut case quite frankly)...we are accostomed to this but thought I would ask someone just in case

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katiemelua · 26/12/2005 00:40

it is Stonyhurst in Clitheroe by the way

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blueshoes · 26/12/2005 10:22

Katiemelua, there is no way to challenge your stepmum's will unless you can show she was not of sound mind (ie crazy and knew not what she was doing) at the time she signed the will, It is possible to be manic depressive and a "nut case" and still write a proper will. But even if you manage to avoid her will on those grounds, that means that the estate will go under her previous will (I am guessing that you won't be on it either?) or, if there isn't one, the laws of intestacy - which won't help you as a stepchild, I believe.

If you wanted the house, you would probably be on much stronger ground challenging your father's will, than your stepmum's - there could be a legal time limitation for doing that though. This is only my humble opinion, and I am no expert. Once the grant of probate has been obtained on your stepmum's will, the will becomes a public document - you can then see what exactly it says.

Sorry to hear that the house has passed out of your family.

Blandmum · 26/12/2005 10:31

You have, I think, a six month 'window' to contest a will. Dh has not long recienved notification that he fathers will has left everything to his second wife and nothing at all to his children and grandchildren (fil left at least a million, we think). He has the right to contest for a short period of time but has decided not to. After that time the money is his step mothers and he has no legal claim on it at all.

katiemelua · 26/12/2005 21:49

many thanks

unfortunately my father's will stated that his children were left the furniture and all its belongings and my stepmother he left everything else to, with no provision for after she died it going to us, so I guess Stonyhurst will have unpaid gardening for a year at my dad's expense.....sadly though she was mad and was under constant psychiatric care. So I think we will have to put on a smiley face and forget what might have been, unless someone else has any other suggestions.

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