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Thread: Contesting a Will

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  1. #1
    Join Date
    Aug 2016
    1 Post(s)

    Default Contesting a Will

    I am about to contest a will and hoping for some advice.

    My relatives had always written wills so the spouse would receive the estate or my aunts side 50% and my uncles side 50%.

    About 6 years ago the will was redrafted by a different solicitor changing everything to wishes. My aunt died but before informed me she had savings plans for me and the children. She also stated that her jewellery would be split between my daughter and another relative.

    My uncle stated he could not give the money as the solicitor advised him he would be taxed.

    He did give some of the money slowly but very very little and none to the children.

    He then became ill and gave power of attorney to his nephew.
    6 months later he rewrote the will while very ill. The same solicitor did the will. However everything was put in a trust using wishes with his nephew in control and not legally bound.
    We did not know about this.

    He still stated that we would receive the money.

    He then died.

    Despite being a beneficiary the solicitor did not give us a copy of the will. The PRs have not contacted us and when we contact the PRs or solicitor we are met with silence.

    We heard probate was granted and the will change discovered when we downloaded the will from the website.

    Any advice on how to proceed greatly appreciated.

  2. #2
    Join Date
    Jun 2014
    1081 Post(s)

    Default Re: Contesting a Will

    Hi @sdenny ... I've moved your thread and I'm tagging @Peridot for help (she's good at will stuff ) xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido


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  3. #3
    Join Date
    May 2016
    116 Post(s)

    Default Re: Contesting a Will

    Hi sdenny,
    Not sure I've understood correctly. Is this your uncle who has died and his wife your aunt died previously?
    What is the rest of the family situation, did your aunt and uncle have their own children?
    Unfortunately the fact that traditionally in your family wills have been prepared in a particular way has no bearing on what someone chooses to do in their own will.
    Did you have anything in writing from your aunt about the funds that were due to you? Have you received regular 'income' from your Uncle since your aunt died?
    It sounds like your Uncle created a discretionary trust of his estate that your cousin (?) who is the executor has become the trustee of, is that correct?
    Do you know if your uncle left an expression of wishes as to how he would like the trust used?
    Sorry more questions than answers at this stage.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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