Quizzes & Puzzles3 mins ago
My question is very complicated - I have spoken to solicitors...
...they aren't very helpful. My stepfather of 45yrs has recently died. Need advice before it's too late.
Answers
Best Answer
No best answer has yet been selected by smart1. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
-- answer removed --
well, his wife is entitled to arrange a funeral i guess but as she arraNGED it she had to pay for it - look at it that way! not quite sure if he abused you all why you care so much about the funeral anyway. My advice to you is to leave it completely - you will spend money for no reward. If the valid wills have been adhered to, nothing will change
It just seems so unju ask how we didn't know. Once he married this black widowst - and I cannot deny I feel bitter - I was there when he snapped my mum's arm, I was there when he tore her earriing out. I realise it is not his new wife's fault, but I may be naive. This woman didn't even tell his stepchildren of 46yrs (they lived together since I was 3 - over 50 yrs ) that he had died - she didn't even tell us he was ill.
Right, I am not going to spend ages correcting a load of misconceptions on this thread. Smart 1 I will try my best to point you in the right direction but I need a bit more info. Although from what you have said I cannot promise you any hope.
1 When did your mother and stepfather marry?
1a When did your mother and stepfather divorce?
2 Is your mother still alive?
3 When did your step father and the lady in question marry?
4 When did your step father make his will?
5 Was your step father's will expressed to be in contemplation of marriage or was it expressed to be a MUTUAL will (not a mirror will)?
6 What were the nature of promises made to you?
7 Have you relied on those promises and to what extent?
Btw, you can get a copy certificate from the Registry where the death was registered and the costs is significantly less than £25.
1 When did your mother and stepfather marry?
1a When did your mother and stepfather divorce?
2 Is your mother still alive?
3 When did your step father and the lady in question marry?
4 When did your step father make his will?
5 Was your step father's will expressed to be in contemplation of marriage or was it expressed to be a MUTUAL will (not a mirror will)?
6 What were the nature of promises made to you?
7 Have you relied on those promises and to what extent?
Btw, you can get a copy certificate from the Registry where the death was registered and the costs is significantly less than £25.
Thank you barmaid. My mum and stepdad married in 1965. They didn't divorce. My mum died four and a half yrs ago. As for the expression of the will, I don't know, but I doubt it . I cannot remember the exact date, but it was Jan/Feb of 2010. Mum and Dad made their wills years ago, so cannot help there. As for the expression of the will, I don't know, but he came to me before the marriage and said that he would give me and my brothers £3,000 each per year for the next 5yrs. He has done that for two years, and I can prove that. I have relied on these promises to the extent that I have promised to pay off debts that I have accrued over several years - to the point that bailiiffs are expected any minute. I know it sounds fickle, and even grasping. But there does seem something wrong, when a woman comes into aman's life in August (knowing he's had a quadruple bypass AND a heart attack), marries him less than 6 months later, and comes out of it with his estate, which he built up by my mum working all her life, and through that time, beating her at reguiar intervals (almost daily) and beating her kids (us) as well.
I hadn't realised your mother had already died- sorry if I missed that somewhere earlier in the thread.
I know it's not easy but I think it may help to separate the bitterness you feel towards this woman and your stepfather from the legal aspects. If there is any way through this barmaid will probably find it.
Good luck smart1.
I know it's not easy but I think it may help to separate the bitterness you feel towards this woman and your stepfather from the legal aspects. If there is any way through this barmaid will probably find it.
Good luck smart1.
OK, you really do need legal advice. Either go to an ACTAPS or STEP solicitor or contact a barrister who is licensed to do public access. Most will review the papers for you and give you an indication as to whether they will act on a CFA (conditional fee arrangement) basis without charging you.
It sounds as if you potentially have a claim under proprietary estoppel. Ie Stepdad promised you £3k a year for 5 years and in reliance on that promise and to your detriment you have taken certain actions. However, I caveat this with the rider that this may not be the strongest claim (if indeed it exists at all after review of the evidence) since you have to positively prove promise, reliance and detriment (and the law sees detriment in quite different terms to how a layperson might see it). You really should take formal legal advice and sooner rather than later.
There is also the weakest possibility of a claim under the Inheritance (Provision for Family and Dependants) Act 1975. From what you have said, I think this is unlikely but until someone in possession of all the evidence and surrounding circumstances has assessed matters it is impossible to say.
It sounds to me that these are the only potential claims - I could well be wrong but I am basing what I say on the information you have provided (and there are quite a few "don't knows"). A lawyer in possession of all the facts may well form a different (and much better informed view). Good luck.
It sounds as if you potentially have a claim under proprietary estoppel. Ie Stepdad promised you £3k a year for 5 years and in reliance on that promise and to your detriment you have taken certain actions. However, I caveat this with the rider that this may not be the strongest claim (if indeed it exists at all after review of the evidence) since you have to positively prove promise, reliance and detriment (and the law sees detriment in quite different terms to how a layperson might see it). You really should take formal legal advice and sooner rather than later.
There is also the weakest possibility of a claim under the Inheritance (Provision for Family and Dependants) Act 1975. From what you have said, I think this is unlikely but until someone in possession of all the evidence and surrounding circumstances has assessed matters it is impossible to say.
It sounds to me that these are the only potential claims - I could well be wrong but I am basing what I say on the information you have provided (and there are quite a few "don't knows"). A lawyer in possession of all the facts may well form a different (and much better informed view). Good luck.
Thank you Factor 30, but I cannot even begin to tell you how bad the funeral was - we, the family, were not consulted. If new wife had not let my Aunt in the Outer rHebrides know, we would not have known Regarding the funeral arrangements - I got to know, not from his wife, but from her future son-in-law. However, I did get a msg via Facebook to let me know when the funeral would be - again, not from her, but her future son-in-law.
Related Questions
Sorry, we can't find any related questions. Try using the search bar at the top of the page to search for some keywords, or choose a topic and submit your own question.