Overturning Probate past 6 month deadline

[Bel0612]

My father died in 2014 leaving his entire estate worth around £350K to my brother. I have received the Will files and sifted through the evidence i have to try and over-turn the Will but I don't think there is anything that could win a contentious claim on the usual few grounds: Sound Mind, Undue Influence..... etc. I have discussed these option with a solicitor already. So I am only left with Inheritance Act claim but probate was settled a year before my father died. I contacted the main beneficiary, after tracking him down after he had changed his name partly, who was nasty, told lies and said, emphatically, I would not get a penny. I was abused in childhood and estranged from both parents for along time before both died. Neither had tried to make up with me. My brother also said, before I had seen the Will file, that I had been cut off becauseI had been estrranged for so long and because my father thought I was schizophrenic (I have no history of this at all).. The estrangement excuse turned out to be a lie. When I got the Will file shortly after that call to him, it turned out that I had been cut off over a few months after lasting seeing both parents in 1997 not when my father wrote his last Will in 2008 citing the estrangement as being the cause, making me believe that I had been included before 2008. Also the Will file contained a letter supposedly written from me to my father which was nasty in tone, certainly. But it was not signed or dated and entirely typewritten. I believe my brother, the beneficiary typed it. The Will file contained no envelope stamped with my home location where it could have been sent from. It smack of forgery.

I am not interested in mediation. My brother is unlikely to agree to that anyway. He told me when I spoke to him that he was interested in giving me some portion of the Estate, a small sum, but when he contacted his solicitor the next day (which I thought was to formalise any agreement we made to ensure I could not make a further claim) he just told the solicitor he had no intention of giving me anything. He just lied to me. I doubt he would do anything other that string me along with phony promises at my expense too if I paid for the mediation. So that is not an option.

I just want to know one thing: what is the likelihood of getting probation overturned. My financial circumstances, the beneficiaries financial circumstances, coupled with the latest findings in the Supreme Court over the Ilott case last January where it seems that on-going financial dependency is not such a big deal after all (as I was led to believe beforehand when I first sought advice), would suggest I would get some financial support from the Estate if I were to go to court. But I need to know if it is worth my while trying first. I have already spent £1200 on legal fees getting some initial advice and cannot afford anymore just to satisfy my curiosity.

I am not interested in responses to my post that relate to morality about not seeing my parents often enough (serve me right) or subjective views on fairness about peoples' right to leave their money to whomever they want (so hard luck). Those types of responses are not welcome and I've heard those arguments before. My parents were awful to me when I was growing up and I suffered huge depressive bouts in my twenties. Going no contact was essential for my mental wellbeing. Whether you agree or not is neither here nor there.

All I want for a response on here is an honest, legal appraisal of what the courts are likely to conclude if I were to try and get probate overturned 4 years after my father died without having a contentious claim to back it up to invalidate the Will entirely so that is get distributed half and half. The only reason I have waited that long was due to the long , drawn out evidence gathering process. Therefore the Will would still be valid in its current form - leaving my brother the principal - but he would be forced to hand over a portion based on my financial needs to maintain me when I most definitely will need it, especially in old age without a work-related pension to fall back on. To reiterate, my brother owns his home, has navel pensions and he has this big inheritance too. I have no assets at all - having sold a flat I bought abroad many years ago - and very few savings now - about £3K as well as my income from my freelance business. I can pay my bills, don't have dependents, but do have debts that ouweight those savings and with social security being tighter and more rigorous to qualify for under Universal Credit (should I need to claim WTCs) it would not take much for me to go under completely as part of the gig economy in which I am part if client work dried up. I feel my chances of being awarded a sum of money form the Estate may well happen given my financial circumstances, the horrible upbringing I endured, my reasons for not contacting my parents during the 'estrangement' and the forged letter.

Thank you, your legal advice would be appreciated.

[Peridot]

Hi Belo612,
A really difficult one. I am a little confused you mention that probate was settled a year before your father died? This of course is not possible so is probably a typo?
Inheritance Act claims are notoriously difficult, not only do you have to meet the criteria to be able to apply, there are as you allude to very strict time limits for bringing any application under the Act. Yes the Court does have a discretion to allow an application after the 6 month period but there would have to be significant reason to do so.
The Ilot case has not set a precedent for all claims, each case would be looked at on it's individual merits. Ilot was a very specific set of facts, it wasn't just about an estranged daughter who was struggling financially. There were other issues and there were no other children of the deceased.
This really is something you need a contested probate

specialist

opinion on. You need to know what the likelihood of your succeeding in any application to extend the time for the claim to be made and also whether a claim would more likely than not to be successful.
If a specialist advises you that it is worth exploring the options further then the Courts will expect the parties to try and mediate a settlement between the parties. It may also be worth considering, if there is a borderline chance of any claim being successful, it may be worth considering whether a solicitor's letter to the executor setting out the issues, and offering to mediate may encourage some sort of settlement without the need for a Court claim in the long run. This can be particularly useful if there is a risk you may not be successful in any Court claim, but a settlement for some amount may be reached. You must bear in mind the likely cost of pursuing this, if the risks of the Court not finding in your favour are significant.
Get some advice on the likely risks and costs and maybe if the risks are too great, consider offering mediation to possibly enable an agreement to be reached, but there are no guarantees I'm afraid.
It is galling when this sort of situation happens but the Court's remain reluctant to alter an individual's wishes when it comes to Wills that were prepared correctly and complied with all legal requirements.

[Bel0612]

Hi Belo612,
A really difficult one. I am a little confused you mention that probate was settled a year before your father died? This of course is not possible so is probably a typo?
Inheritance Act claims are notoriously difficult, not only do you have to meet the criteria to be able to apply, there are as you allude to very strict time limits for bringing any application under the Act. Yes the Court does have a discretion to allow an application after the 6 month period but there would have to be significant reason to do so.
The Ilot case has not set a precedent for all claims, each case would be looked at on it's individual merits. Ilot was a very specific set of facts, it wasn't just about an estranged daughter who was struggling financially. There were other issues and there were no other children of the deceased.
This really is something you need a contested probate

specialist

opinion on. You need to know what the likelihood of your succeeding in any application to extend the time for the claim to be made and also whether a claim would more likely than not to be successful.
If a specialist advises you that it is worth exploring the options further then the Courts will expect the parties to try and mediate a settlement between the parties. It may also be worth considering, if there is a borderline chance of any claim being successful, it may be worth considering whether a solicitor's letter to the executor setting out the issues, and offering to mediate may encourage some sort of settlement without the need for a Court claim in the long run. This can be particularly useful if there is a risk you may not be successful in any Court claim, but a settlement for some amount may be reached. You must bear in mind the likely cost of pursuing this, if the risks of the Court not finding in your favour are significant.
Get some advice on the likely risks and costs and maybe if the risks are too great, consider offering mediation to possibly enable an agreement to be reached, but there are no guarantees I'm afraid.
It is galling when this sort of situation happens but the Court's remain reluctant to alter an individual's wishes when it comes to Wills that were prepared correctly and complied with all legal requirements.

Thanks for your response. Yes, you are right, there was a typo. I meant to say that probate was settled a year before I found out my father had died, due to estrangement.

REASONS FOR REVERSING PROBATE

What are the 'significant' reasons for overturning the 6 month deadline? Do you know? I got the impression that there were many factors coming into play:

1. The behaviour of the parties since the Will
2. The financial circumstances of the disinherited
3. The reasons why the disinherited never made a claim within time
4. The financial circumstances of the benefactor
5. Whether the Will reasons for disinheriting were considered fair or reasonable even if the Goodwin test doesn't hold up to contest outright
6. Whether either party had taken steps to reconcile and sort out differences.
7. The sum involved and whether any re-distribution would make enough of a difference in the applicant's life worth disturbing the Will as it stands.

Is there any others? Can you cite some case examples of where probate has gone past 6 months with the judgment?

I feel I am strong on all counts above. I didn't even know my father had died - no one had contacted me and I had made several steps to find out before he died too by checking the Registry office for a death certificate. A friend was also looking out for me to tell me if they saw both parents about (a friend who I now believe was betraying me all along and was interfering too much which might have tipped them off about my 'distant' observations). My brother had also changed his name and moved my father to his home, which I could not locate on the internet or elsewhere. He seemed to deliberately go under the radar simply to avoid any challenge, so it seemed to me. Why change his name?. Surely that should go in my favour. he was also extremely nasty when I spoke to him on the phone in March 2015 - a year after his death. My father's reasons for disinheriting were fake / unreasonable. Neither parent had made the slightest effort to contact me (living at the same address, same phone number) to make up. I had tried several times and just got blamed for any problems.

I think my chances are very strong indeed.

COSTS
Also, regarding costs. I have no money so no court judgment, should I lose, would make any difference to my finances. I have nothing significant to sell and don't make enough in my freelance work to pay for any costs and need it all for my day to day living needs, so it would have to come out of the Estate whether I lost or won. So surely he would be more incentivised to settle to avoid this, surely!. There would be no other option. A court can't force me to pay for something when I don't have the money to pay it.