Query About A Will

[jubieanna]

My dad and step mum made a will together. it stated that should anything happen to them the house would be split 40 40 20 between myself, my sister (40%) and 20% for my step sister.
My dad passed away a few years ago and I have remained close to my step mum who lives in my family home still.
my questions are:-
what happens now to the will that was made. are my dads wishes still valid?
What happens if she sells the house?

Hope this makes sense
Thanks

[jubieanna]

Forgot to say I haven't asked her as I don't want it to appear that I don't trust her but it has been on my mind.

[woofgang]

not enough info there. You can't make a joint will. If your Dad predeceased your step Mum, what did his will say? If the house was left to her with the understanding that she would leave it as he wanted then as I understand it, that understanding might only have any legal force if the your stepmother's will was was contested after she died. Your Dad might have left your step mum a lifetime interest in the house. You really need to know what your Dad's will actually said.

[jubieanna]

Thanks for reply woofgang

Can I get a copy of his will without her knowledge?

[Hopkirk]

Yes, for £10 you can see anyone's will.

https://www.gov.uk/search-will-probate

[woofgang]

once a will has been through the legal process to ratify it, often called probate, its a public document and anyone can get a copy.

https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

[jubieanna]

Thank you both x

[woofgang]

You are welcome. Once you know either way, I am not sure what you can do.....

[jubieanna]

I wouldnt ever fall out with her about it because I love her dearly. I was just interested as it came up in a conversation with a colleague and I started pondering.

[Jackdaw33]

Sounds to me as though your Dad and Step-mum made what are known as 'mirror' wills, in which the bequests are identical. In that case, unless your Step-mum writes a new will then things will still be as they were.

[jubieanna]

Ah right. That makes sense Jackdaw. I had a bit of a breakdown when he passed away and have no recollection of anything that happened around that time. The will was shown to me but I didnt take anything in.

[woofgang]

Mirror wills won't stop a house being sold by the owner or stop a charge being put on it if the owner needs self funded care.

[Peter Pedant]

First of all get a copy of your Dad's will and see what it said

If your parents have made mirror wills then your step mum's will is not available as she hasnt died

and it all depends if she was left the house absolutely, in which case she can do what she likes with it

There are as you can imagine circumstances where someone is left something on condition that they do something - in this case divide the house in a certain proportion and you will not be surprised to learn that if the wording is right then the first will can be enforced

http://www.birketts.co.uk/resources/legal-updates/1371/the-differences-between-mutual-and-mirror-wills/

so it boils down to .... what your dad's will says

[jubieanna]

Many thanks for all the advice. I will get a copy of dads will and see what it says