Parents challenging a will

[Inca]

Hi all,

im after some advice please.

i was left a property in my grandmothers will, I was main benificary My dad got residual stuff which was not a lot.

iv now received a letter from his solicitor asking for £75k !!
my solicitor now says they can’t represent me as they are acting as executors of will..... what are my options and am I likely to have to pay him??

[des8]

Hi, should we understand that your relationship with your father had already broken down?

Has probate been granted?
If so when?

Was your grandmother's will drawn up professionally?
Did she have capacity when she signed it i.e. was she of sound mind?

Your father was her son?
Do you know if she supported your father financially whilst she was alive?
An adult son cannot simply claim that, as a child, he expected to inherit. He would have to show that he was in financial need and that there were special circumstances.

What does that letter actually say?

[Inca]

Thank you for reply.

my relationship with parents has been broken (beyond repair) for several years. My nans relationship with him wasn’t broken as such but strained to say the least.

he wasn’t financially dependent on her.


he claims to have paid £15k off her mortgage. I highly doubt this as we were evicted out of a council house at the time?

would he need prof of payment for this to stand in court?

first letter invited me to mediation, I ignored it.

second letter again invited me to mediation asking for £75k under 1975 provisions for dependants act.

third letter has said they are taking me to court & I will be liable for there costs? Ignored that at minute whilst I work out what I need to do?

[Inca]

I should add the Will is sound, was written in 1993 professionally by solicitor who is also execouter.

[des8]

Really you should not ignore these letters.

if he wasn't in need nor financially dependent on her, IMO he would have difficulty with a claim under the Inheritance (provision for Dependants and Family) Act 1975.
however he could be working on the basis that as contentious probate litigation is so expensive you will be prepared to negotiate some sort of settlement. If he was to launch a claim and loses it could still cost you more than negotiating a settlement..

your solicitor, as executor, has to remain neutral, That is why he can't act for you.

I think you should write to your father's solicitor, telling him you are seeking legal advice, and then find a solicitor who specialises in contentious probate for proper advice.

[Inca]

Well I’m definitely not in a position to pay a solicitor, I’m also not going to cave into their demands.

could I represent my self?

also can I not keep my right to silence until court?
after all it’s them trying to prove the Will is unjust?

[des8]

You can represent yourself, but I certainly wouldn't recommend it.

If you intend to, you must not just ignore the claim until it gets to court.
When it gets to court it becomes really expensive, and the courts expect parties to try and resolve matters before it gets there.

I would suggest at least an initial chat with a solicitor.
You might get a free initial short chat or a fixed fee consultation.
You might find they will have some way of funding your case

You say they are claiming the will is "unjust". Unusual terminology