My question is very complicated - I have spoken to solicitors...

[smart1]

...they aren't very helpful. My stepfather of 45yrs has recently died. Need advice before it's too late.

[evil__sheep]

what advice do you need?

[JackDanielsU]

Condolences but whats the question is it

about his estate, will?

[carmalee]

you are not living up to your ab name smart1 - needing advice covers an enormous spectrum - be more specific!

[smart1]

Well, my mum and he both made wills - separately I believe. My stefather got married at the age of 74 to a 'lady' of 66 (three times widowed at this point). Before he got maddied he promised things to me and my siblings, verbally.Before. and since hs death, his widow, (and 3 others before her) has refused to communicate with my mum's side of the family. The funeral - we weren't consulted at all. She never even let his long-term stepkids know he had died. My Aint in the Outer Hebrides had to ring me to find out if I knew he was dead. I need to know how I stand on the verbal contract he made with me before he got married again please?

[sandyRoe]

A 'verbal contract' is worth nothing. It is his will which directs where his estate will go.

[smart1]

But what about my mum's will? Independently made, which stipulated, apparently, what he said to me in his verbal?

[jackthehat]

He may well have made a new will which takes precedence over any old will, and unless he made the same stipulations in *that* will, I'm afraid that you will be unsuccessful in trying to secure whatever it was that he promised to you.

[tboo]

What about your mum's will? You didn't mention that in your question.

[factor-fiction]

Is your mum still alive? If so, her will has no effect until she dies. If she needs to change her will she should do it soon

[saxy_jag]

Sadly a friend has been in the exact same position and has found out the hard way that the only document that has any legal standing is a valid will.

[jackthehat]

Your mum's will is your mum's will.......unless they are linked together, mirror wills, etc......your stepfather was free to change his mind about what he wanted to happen upon his new marriage.

[maclarencat]

When your step father remarried it voided all previous wills. At that point unless he made another will his wife would inherit. Unless there was a trust deed set up relating to whatever you were promised by your Mum then I am sorry but it looks like you will get nothing. A hard pill to swallow but I am sorry that is the law.

[smart1]

Sadly, mum ut I understood that in law, a verbal contract is as legally binding as a written one. Whether he wrote a new will, I don't know. I have contacted the solicitors where his and mums wills were lodged, and was told I need to get a copy of his death cert (£25) which I cannot afford at this time.

[evil__sheep]

i'm flabbergasted that the solicitors you have consulted have not told you this. If your mum died and left everything to him, it's then up to him what he does with that stuff even if she had intended that on his death it came to you. Plus, any previous will he made is automatically revoked on marriage. Have you looked at a copy of his will? If it hAS gone to probate it becomes a public document and you can request a copy

[factor-fiction]

I assume the solicitors have not been giving the answer that was hoped for.

[evil__sheep]

you can afford to consult solicitors but can't afford the £25?
anyway, as i said if it has gone to probate, you can request a copy. What you had with him is NOT a verbal contract as there was no "consideration" on your side.

[smart1]

A previous solicitor I spoke to said I should not delay. Another solicitor at the same office says I need to obtain a copy of his death cert before they can look at it. I can't afford the £25 right now, but might be able to in the next 7 days. What should I do in the meantime? This is a woman who has just buried her 4th husband,and has gained money and property because of her marriage to my stepfather of 54yrs, which will be passed on her kids. My mum and my siblings were abused all the time (and before) she was married to him. Anyone who asks why should remember they got married in 1965.

[jackthehat]

Morally, you may have some claim on the things you were promised, however, I'm afraid that unless these things are specified in any will he made after his last marriage you are very unlikely to be able to put a legal claim on them.

[smart1]

Evil sheep - I have only received scant info over the phone. That is why they need the death cert before they will help me further. Bu the time I CAN afford it, I may be not bnake any change to the course of events - and my mother and 2 brothers will have endured for 50 odd years what this new wife will have ebdured for less than 2yrs. My mum worked all her life, and obviously contributed.

[Postdog]

why a copy of the death certificate? why not let them see the original.