They did live apart for a few years if that had any weight. She's going to leave him a nice sum in the will anyway. I'm NOT making him homeless, I will let him find somewhere first. He's a criminal in my mind. People con old ladies out of there life savings and people hate them, Everyone else is worried my stepfather might be homeless! I will legally own the house, I will defend with every sinew of my being. 

Like I said I don't know which option is the most watertight KNOWING neither are. Maybe I should just give him the house with a box of chocolates and a cigar. 

Four thoughts.

(1) I presume your mother's other assets are small compared to half the value of the house. If not, that opens up other ways to write the will.

(2) I have seen a will with a clause headed "In contemplation of this will being challenged". In that clause were listed strong reasons why it would be unreasonable for the husband to inherit the assets.

(3) Although this situation could get really messy, there is still a strong assumption that the wishes of the deceased should be respected. Any person challenging the will has to make a strong and solid case to the court.

(4) It might be helpful to have in your possession a letter to you from your mother, setting out all of her reasons why she does not wish your stepfather to inherit all or part of the house. Your stepfather need not know about this letter in advance. The letter could be presented to the court if the will is challenged, and the judge might be persuaded by it. Perhaps ask your solicitor to check that nothing in the letter would give your stepfather's lawyers any reason to challenge her soundness of mind at the time she wrote the letter.

Very interesting, you make some good points. I also think that it's not as easy as just saying he can take it to court etc.. for example some landlords spend thousands trying to evict people (and that's not even as complicated) 

What I hope I can also find out is, is it better for my mother to leave me the house in the will or transfer it to me now while she is still alive. Which one of the two gives me more leverage IF he contested. Basically which one is harder to fight?

Neither option is at all watertight in my opinion. You need to safeguard yourself against any action that would place you as criminal. Please understand that I am playing Devil's Advocate here. I do understand your frustrations and the emotions you feel in that your mother has in your eyes been badly treated and is not getting care and support from husband that you feel she deserves now. But the fact of the matter is that she has been married to your stepfather for 23 years. You therefore need to ensure that you are free from allegations of criminality which could potentially arise were you to knowingly accept an asset where you knew that your mother did not have full title (I am not a lawyer and cannot say for certain whether she does or she doesn't, but there appears to be a little doubt given the potential of accrued beneficial interest such that your accepting such a gift without your stepfather's knowledge could land you in trouble and you would need to be sure that no allegations of criminality on your part could be made). Secondly, you need to be careful with the will also to ensure your mother receives independent advise and that you are not seen to be bullying her or playing on her emotions yourself. Sorry this sounds harsh and brutal and I am merely being Devil's Advocate as to what could be argued by a clever third party. If someone acts on your stepfather's behalf Pro Bono there would be no legal costs for him only for you. You say he is the conman. I do not know the actual facts and am not going to judge. Just be careful this doesn't rebound horribly back on you because the way you are speaking has been incredibly bossy and harsh. Being charitable, I think you are really affected by what has happened to your mother, love and care for her, and want what you see as an injustice righted. But others may take a different view of the situation and you have to be careful not to end up being seen as the baddie yourself. So so sorry to have to point this out. Take care and I am not having a go merely putting the case as strongly as I can to help you make sure that whatever you do is watertight in terms of your non-criminality and at least what I have said will help you frame questions for your lawyers. Also you might find yourself needing some emotional support as you are obviously really impacted by what has happened to your mother. Really hope you two get some good times together. Am not taking sides, I deliberately put the other side of the argument just to help you be ready for anything that might get thrown at you. By the way, if it was your mother's house originally (situation may be different depending on whether a mortgage or not and whether your stepfather supported her in any non-financial ways such as driving her about, companionship) then can't see that your stepfather could have a claim to all of it – at best (should I say worst) half and possibly a lot less depending on how it is argued and other factors I don't know. But this man has been MARRIED to your mother for 23 years and there may well, given he did work on the place, be beneficial accrued interest to what is after all his current home . Like it or not he counts as family. So be careful how you speak to him and about him, whatever your strong thoughts on the matterl. Wishing you well. Sorry if this post upsets. Not the intention at all.

I appreciate your honesty. But how have I been harsh - is it not harsh that he didn't contribute to the house bills etc AND got in to debt because he wanted to treat himself to toys, while my poor mother had to pay for everything and also deal with paying bailiffs and him not even OFFERING to pay her back. SHE herself very strongly doesn't want him to have the house. I think most people would be disgusted that a man could treat a wife like that. It's not what's in my eyes it's a fact! I lived there for years and saw it. How can you defend him? I sound bossy because I've got a right to be! And I will continue to fight it if I need to! Bad behaviour should not be rewarded! Yes he has been married to her for 23 years and yes maybe by law is entitled.. I get that.. I think it sucks but I get that. But I will not be accused of been harsh! What's harsh is how he treated my mum and lived there like a selfish teenager. That's harsh! I'm disgusted by his actions as is my mother and other people that know about it! 

I will repeat as well, my mother decided MANY years ago off her own back that she absolutely does not want him to have the house! 

I do understand what you are saying. What I don't understand is why given all this she didn't divorce him on the grounds of intolerable behaviour and then you would not be in this situation now. The fact that your mother chose not to do so could be seen as contributing to an on-going dependency. I totally understand your mother would not want the house frittered away. She does have a right to leave you the house in her will. Just make sure she gets a chance to tell a lawyer this herself strongly so that you are not at risk. I was trying to protect you by putting the argument the way that I did not defend him. I really feel that this has all upset you a great deal and you are probably not aware how this is coming across - like you want justice and will everything in your power to see that your stepfather gets his comeuppance. And I understand why you want that. But you need to be careful how you do it and not to be seen to be unreasonable in any way. The fact that you have accused me of defending your stepfather - I can't see any evidence of my doing that at all - suggests to me that you may not be thinking clearly at this time and I think it is because you are feeling deeply upset by how your mother has been treated and her illness and I was pointing that out to make you aware. That is something entirely different. Take care.