Results 1 to 3 of 3

Thread: Contesting a Will

  • Share
  • Thread Tools
  • Display
  1. #1
    Join Date
    Aug 2016
    Posts
    6
    Mentioned
    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
    Posts
    11,036
    Mentioned
    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

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  3. #3
    Join Date
    May 2016
    Posts
    427
    Mentioned
    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.

Similar Threads

  1. Limitations on contesting a will
    By Linus in forum Family Law & Relationships
    Replies: 5
    : 19th August 2016, 21:24:PM
  2. Contesting an invoice - what are the legalities
    By CWGSY in forum Welcome Forum
    Replies: 1
    : 18th July 2016, 19:04:PM
  3. Contesting Non Mol Order
    By 1Cautious1 in forum Family Law & Relationships
    Replies: 7
    : 5th March 2015, 22:07:PM
  4. Contesting A Will - Advice Please
    By Spellkaster in forum General Legal Issues
    Replies: 33
    : 21st November 2014, 11:16:AM
  5. Question regarding contesting a will against myself...
    By Enz01 in forum Wills,Probate and Bereavement
    Replies: 2
    : 14th June 2014, 12:40:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP