Contesting A Will - Advice Please

[Spellkaster]

My father in law passed away on sunday morning.

I wont go into too much detail but my husband is wanting to contest the will because he believes that his father had wrote him out giving his sister sole beneficiary.

The sister is a very nasty coniving person, and has made their father solely depended on her.

She has been pushing my husband away from their father by making it difficult for us to visit him.

When he because seriously ill after his stroke back in August tis year, we visited him every other day when he was in the hospital.

When he was discharged from the hospital into a nursing home in September, my sister in law failed to notify us where he was so we couldn't visit him.

We believe that she did this deliberately.

Because we couldnt visit him as we didnt know here he was, she then sent my husband a nasty solicitors letter wanting his removed from the power of attorney.

We are now concerned that as she is sole executor of his will, along with the solicitor, that she is sole beneficiary.

we have ordered a copy of the deceased mother's probate and will documents to see what provision there were in place for the sister and my husband.

How do we go about contesting a will as we believe that the sister cooerced the father into writing the son (my husband) out of the will?

This is confusing so please bear with me.:tinysmile_cry_t:

[enaid]

Re: Contesting A Will - Advice Please

Sorry for your loss things must be a bit raw as he only died 2 days ago.

A person may want to challenge a will because:-

• they believe that the will is invalid; or
• they believe that they have not been adequately provided for in the will.

You have six months from the grant of probate this is a strict timescale.

It is not something you should attempt yourself imho, I would visit your local CAB they should be able to give you names of solicitors.

[Amethyst]

Re: Contesting A Will - Advice Please

Gosh what an awful time for you all.

Because we couldnt visit him as we didnt know here he was, she then sent my husband a nasty solicitors letter wanting his removed from the power of attorney.

What happened with regards to that letter? Did you respond ?

Did you ask the hospital where your F-I-L had been discharged to at the time?

[Spellkaster]

Re: Contesting A Will - Advice Please

Sorry for your loss things must be a bit raw as he only died 2 days ago.

A person may want to challenge a will because:-

• they believe that the will is invalid; or
• they believe that they have not been adequately provided for in the will.

You have six months from the grant of probate this is a strict timescale.

It is not something you should attempt yourself imho, I would visit your local CAB they should be able to give you names of solicitors.

My husband is going to phone his legal expenses on his insurance to see that as its a family matter if they will cover the cost.

We have applied for a copy of my husband's mother's will and probate to see what provision she made in her will.

This can also be used to claim against the father's will as we believe that the sister cooerced the father into writing my husband out going against the mother's wishes that she wanted them to both have equal share of the estate.

My sister in law has made this awkward situation wit her behaviour.

[enaid]

Re: Contesting A Will - Advice Please

At such as sad time it's always a shame when family fall out etc.

Did all your late mother in laws estate go to her husband? if it was a mirror will as is quite common this would be the case unless she left specific instructions.

Has a new will been recently done by your father in law?

[Spellkaster]

Re: Contesting A Will - Advice Please

I need to wait and see what my mother in laws estate contains.

It can take up to 10 to get it back from request.

We know that there is a will, but we dont know how long ago or how recent his father made one.

If it was made say sometime in 2012, then there will definately be concerns with it.

I am going to ask the solicitor if we can possibly have a copy of the will, but I doubt we can have one as its up to the executor and they are not on speaking terms.

[des8]

Re: Contesting A Will - Advice Please

Sorry to hear of your disquiet.
Are you sure the will has been altered, or (as you haven't seen it) are you just assuming it has been altered.
Is your late father in law's estate going to require probate?
If it is, and you wish to contest the will you should lodge a caveat at the probate registry.
This is valid for six months and will prevent anyone obtaining a grant of probate to administer the estate.
Presumably if the will has been altered or replaced to the inequitable benefit of sister in law you would be challenging it on the basis of undue influence.

[Spellkaster]

Re: Contesting A Will - Advice Please

Sorry to hear of your disquiet.
Are you sure the will has been altered, or (as you haven't seen it) are you just assuming it has been altered.
Is your late father in law's estate going to require probate?
If it is, and you wish to contest the will you should lodge a caveat at the probate registry.
This is valid for six months and will prevent anyone obtaining a grant of probate to administer the estate.
Presumably if the will has been altered or replaced to the inequitable benefit of sister in law you would be challenging it on the basis of undue influence.

Thanks for that.

How do we lodge a caveat?

Would we need a solicitor to do that?

The sister in law has often told my husband that he was written out of the will then put back in it.

We have no idea about the latest will and will be asking for a copy when its read.

[enaid]

Re: Contesting A Will - Advice Please

Thanks for that.

How do we lodge a caveat?

Would we need a solicitor to do that?
.

https://www.gov.uk/wills-probate-inh...representation

[Spellkaster]

Re: Contesting A Will - Advice Please

https://www.gov.uk/wills-probate-inh...representation

Thank you will check it out!!

[Spellkaster]

Re: Contesting A Will - Advice Please

My husband and I a very upset.

Today the father's flat went on the market; the sister had it gutted out and is asking £120K for it.

The father died on 26 October, and he's not been dead for 2 weeks!!
She did not ask my husband if there was anything in the flat he wanted!!

The funeral was on the 7th November, and she buggered off on holiday 2 days later!!!!

Appalled to say the least!!

[des8]

Re: Contesting A Will - Advice Please

Hmm...... not the most respectful but the sister could be in trouble.
As there is property involved she needs to have obtained a grant of probate to administer the estate, and it is most unlikely that has yet happened.
She will not have authority to put the flat up for sale.

Have you lodged a caveat yet?

Alert the estate agent handling the sale, advising him probate has not yet been granted and so any sale he might arrange will not go through, and that the sister does not have authority to arrange marketing of the property and so he might not be able to recover his fees. Confirm this in writing (sent signed for, and keep copy letter and Post Office receipt)

[Spellkaster]

Re: Contesting A Will - Advice Please

Right I think I will need to raise some questions with the sister's solicitor.

One question I will be asking for is a copy of the will.

I shall put a request in writing as you say.

I have got an appointment to see the solicitor at the CAB on monday evening to ask what we can and cant do.

I think your right so I might have to ask the solicitor has probate been granted yet!?

[des8]

Re: Contesting A Will - Advice Please

Be warned that although you may ask for a copy of the will the executor(s) do not have to oblige.
Only when probate has been granted and the will is a matter of public record you can obtain a copy from the registry office

I would not ask the sister's solicitor if probate has been granted, just lodge a caveat.
Most unlikely that probate has been granted yet. It takes 3 to 5 weeks if it is straightforward and doesn't involve inheritance tax. Your FiL only passed on 2 weeks ago.
It costs £20 (i think) and needs this form completing::http://hmctsformfinder.justice.gov.u...pa008a-eng.pdf

[Spellkaster]

Re: Contesting A Will - Advice Please

I just had an email from the solicitor.

She has agreed to send us a copy of the will in due course but didn't say when.

Probate has NOT been granted and will take 6-10 weeks.

She told me that the flat can be advertised for sale but she wont be able to exchange contracts until probate has come through.

I will defo be putting in a caveat but only when we get a copy of the will so we can see if my husband is in it or not.

Thanks for the link will print the for off just in case its needed!!