Mums husband contesting will

[Mrsgjones]

Hi my mum pasted away 18 months ago and in her Will left the house to her me 40%, my brother 40% and her husband 20%.
We have let her husband live rent free for 18 months since my mums death but now want to sell up.
He has apparently told the executor he plans to challenge the Will but not said what for.


We do not believe any of the below apply and are wondering what to do next???

Grounds for appeal include the following:

• Lack of testamentary capacity – The person creating the terms of the will, known as the testator, must be of sound mind when they create and sign the document. They must understand the full extent of their estate and possessions and understand who they are choosing to include and exclude.
• Lack of due execution – The testator must sign their will in the presence of at least two formal witnesses who are present at the time of signing. Each witness must then also give a signed receipt that they have witnessed the signing of the will by the testator. If there is any evidence to suggest otherwise then a claim of lack of due execution may then be raised.
• Undue coercion – A claim may be raised if there is significant evidence to suggest that the testator has been manipulated into submitting unfair or invalid terms within their will. Due to the nature of this claim, the supporting evidence must be of a high standard in order to stand any chance of it being successful.
• Fraud – It’s possible to contest a will if the claimant has valid grounds to suggest that the will has been forged in any way. For instance, if a testator instructs another person to formalise the terms of their will, and then that person submits false terms to benefit themselves and forges the signature of the testator, then the will may be overturned and declared fraudulent.

[Peridot]

It is possible to contest a Will if you have been I adequately provided for in addition to the reasons you have mentioned. There are strict time limits for bringing a claim, being 6 mths after the grant is made.
There are occasions when the court may extend this, but if her husband has known the situation and understood the situation he may have difficulty persuading the court to extend the time limit.
Did her husband receive anything else under your mums will?
Did mum own the house in her sole name, how long had they been married, what contribution had he made to any mortgage, home improvements etc, what other provision was made for her husband.
pit may be a case of negotiating with her husband. He may wish to remain in the home for a period you could agree to?
What does the Will say about her husband remaining in the property? What assets does he have, is he able to rehome himself?
This will be the sort of details you need to look at.
Depending when the grant was obtained he may be out of time to make a claim. If not you will need to take legal advice on the way forward. Mediation will always be recommended rather than court proceedings which are both stressful and costly.