Contesting A Will - Advice Please

[Spellkaster]

Re: Contesting A Will - Advice Please

Seeing the solicitor tonite at the CAB for a free 15 minute appointment.

I know what questions I will be asking.

My partner has been told that he will be sent a copy of his father's will but didn't say how long this would.

Does this mean he is in the will if he is getting a copy?

[des8]

Re: Contesting A Will - Advice Please

Taking their time sending the copy will, but that does not give any indication of its contents, and you cannot infer if your OH is mentioned in it or not.
Hopefully the solicitor will be able to give you guidance this evening.

[Spellkaster]

Re: Contesting A Will - Advice Please

Not a very happy chappy.

Go to the CAB 10 minutes before appointment time and there was a sign on the door saying closed for staff training!!

No mention about solicitor appointments being kept as per usual!!

They could have foned me to rearrange; very annoyed!!

[Amethyst]

Re: Contesting A Will - Advice Please

ffs. That's just about right attitude for some CABs ( there are good ones and bad ones)

[Spellkaster]

Re: Contesting A Will - Advice Please

I am going to fone some solicitors in town tomorrow to see if I can get a free interview and tell them the CAB let me down!!

[des8]

Re: Contesting A Will - Advice Please

sod's law in operation.
keep us informed

[Spellkaster]

Re: Contesting A Will - Advice Please

We received a copy of his father's will through this morning.

My husband is not getting a 50/50 share of the estate as he had feared.

We are concerned that the will was made in April 2012, this was after his father had told him he did not want to go back the the flat after his latest spell in hospital.

We are therefore concerned that his sister had cooerced the father to make her mostly sole beneficiary but its our word against hers.

However she made their father solely depend on her for everything.

She did not even ask my husband for any input towards the funeral and nor did she ask him if he wanted any items in his flat i.e photographs or other items.

She even had the flat gutted out without my husband's knowledge.

Is it worth contesting!?

[stevemLS]

Re: Contesting A Will - Advice Please

I take it from what you have said that he does have an inheritance but not as much as you had hoped for.

Proving undue influence is no easy task.

What is the approx size of the Estate.

Was the Will prepared by a solicitor or is it a DIY job?

Unless you are talking mega bucks and you have evidence of undue influence, my instinct is to say no, not worth contesting.

[Spellkaster]

Re: Contesting A Will - Advice Please

He has a flat which is up for sale at £120K.

No other assets as we are aware.

The will had been done properly by the same solicitor who is now dealing with the estate.

His mother had always told him that whatever happened they would both get 50/50 in equal share; he is very distressed that his sister had cooerced the father to get her the most money.

He feels that his father had also gone against the wishes of his late mother as it was her who paid the mortgage off before she died.

[des8]

Re: Contesting A Will - Advice Please

Tend to agree with StevemLS as disputing a will can be horrendously expensive, and even if you win you could find the gains swallowed up by the fees.

Having said that, you might as well discuss the matter with a solicitor who specialises in contentious probate.

Assuming the will was properly witnessed & your father in law had sufficient mental capacity,the main grounds for contesting the will are that your FiL did not know what the contents were or undue influence was brought to bear on him.Difficult to prove.


was posting when you were .
In view of latest post I'd be even more reluctant to dispute will.
No matter what mum had intended , father was disposing of his estate

[Spellkaster]

Re: Contesting A Will - Advice Please

Thats the problem.

The SIL had been very clever in her tracks about pushing my husband out altogether.

I have told my husband its not worth it; she will get her just deserts in the end!!

I just hope she can live with herself with what she has done; she forced their father to be stuck in his flat wheel chair bound, although he had carers going in he should have been in a nursing home a long time ago.

We are just very very angry with what she has done!!

:tinysmile_cry_t::tinysmile_cry_t:

[MissFM]

Re: Contesting A Will - Advice Please

As a matter of interest, Spellkaster (and please forgive me if you've already said - I couldn't find it) what is the distribution percentage?

I think that might have some bearing on whether it's worth challenging (although I do agree in principle with Des and Steve above) x

[Spellkaster]

Re: Contesting A Will - Advice Please

There is a potential problem if we challenge the will.

We dont know who had this put in the will whether it was the father or the sister in law's influence but there is a clause which states "Provided that if any beneficiary in this will shall either dispute the validity of this will or any of the dispositions of my estate effected by it or at any time without reasonable cause interfere in or intermeddle with or attempt to interfere in intermeddle with the administration or management of my estate then notwithstanding anything herein elsewhere provided that person shall forfeit his or her interest in my estate and be deemed to have predeceased me for the purposes of the devolution of my estate".

Bassically he has stopped any claim being raised to contest the will.

Is this legal because we have concerns that the daughter had this put in to safeguard her as main beneficiary??

[des8]

Re: Contesting A Will - Advice Please

It is perfectly legal.
However if you can show undue influence the will would be declared invalid and distribution of the estate's assets would be according to the rules of intestacy.
Of course if you fail your husband will be disinherited absolutely and receive nothing.

On the other hand have you discussed with your solicitor the possibility of a claim under the Inheritance (Provision for Family and Dependants) Act 1975
You will get an idea of recent case law here: http://www.wrighthassall.co.uk/legal...dult-children/
The chances of success will depend on your husband's circumstances, but you don't necessarily have to be in the workhouse to be successful

[stevemLS]

Re: Contesting A Will - Advice Please

I don't know why OP is reluctant to disclose what her husband has actually inherited.