Will Advice, evil relative!

[Leann]

My Mum died 2 months ago, previous will gave half her house to me and my sister, and husband and I were executors, as sister emigrated to Australia 2o Years ago. Now find out she secretly changed will 3 and half years ago leaving everything to my sister I get nothing. Sister and her friend now the executors. Undue influence definitely at play as my sister been pleading poverty for years, convinced my Mum we"re well off, completely untrue. She convinced her to do a letter wishes backing this up. Have contacted a few no win no fee lawyers who want between £600-£2,000 to request the case file and discuss whether to take case on. I was sole support for both elderly parents for over 20 years, Mum was in her 90's didn't have dementia but totally influenced by manipulative sister. Seems virtually impossible to prove undue influence, do others think just be wasting my money. Just so frustrated and hurt by being rejected by my own family. Sister who saw mother once year gets everything. Refuses to communicate seems think she's totally entitled to get everything. Was mainly done over their frequent phone contact , seems the law on the side of the bad guys in these cases. We aren't rich but not financially dependent on inheritance so can't go down that route.

[des8]

Sad situation

Whilst it is difficult to prove a will is invalid due to undue influence, that is not the only way to obtain a share of your mother's estate.
You could inform your sister that you intend to lodge a claim under The inheritance (provision for Family and Dependants)Act 1975.if she doesn't agree a fair share for you.
Warn her that if you do have to take that action the cost to her could well outweigh any settlement you can agree upon prior to court action

In the meantime, if you are looking to prove the will invalid have you entered a caveat to prevent a grant of probate?

[Leann]

Sad situation

Whilst it is difficult to prove a will is invalid due to undue influence, that is not the only way to obtain a share of your mother's estate.
You could inform your sister that you intend to lodge a claim under The inheritance (provision for Family and Dependants)Act 1975.if she doesn't agree a fair share for you.
Warn her that if you do have to take that action the cost to her could well outweigh any settlement you can agree upon prior to court action

In the meantime, if you are looking to prove the will invalid have you entered a caveat to prevent a grant of probate?

I did issue a caveat, she just ignored it, refuses to communicate. We do have savings so unfortunately wouldn't be able to claim under the family dependent act. Did look at promissory something, where if you've been promised a share of a house, and spent lot of your time helping the testator, can claim it's unfair. The solicitor said the fact she'd spent years convincing my Mum she was hard up wouldn't"t hold up. She does lie, claimed her husband who she left several years ago was on his uppers, but found him on linked in been in well paid job for years. Was hoping someone who actually tried contesting on undue influence might reply, just feel totally betrayed by my own family and lied to.

[des8]

Sorry, but can't help in the way you want.

My understanding was that the financial situation of a claimant who is a child of the testator does not necessarily preclude a successful claim under the Inheritance Act.
Other considerations are taken into account

Good luck

[Leann]

I did issue a caveat, she just ignored it, refuses to communicate. We do have savings so unfortunately wouldn't be able to claim under the family dependent act. Did look at promissory something, where if you've been promised a share of a house, and spent lot of your time helping the testator, can claim it's unfair. The solicitor said the fact she'd spent years convincing my Mum she was hard up wouldn't"t hold up. She does lie, claimed her husband who she left several years ago was on his uppers, but found him on linked in been in well paid job for years. Was hoping someone who actually tried contesting on undue influence might reply, just feel totally betrayed by my own family and lied to.

Sorry to disagree but It states that an adult child will only be successful in that if additional things apply such as disability, or they were financially dependent on the testator. The law is on the side of those clever enough to manipulate others , not those being discriminated against

[des8]

Sorry to disagree but It states that an adult child will only be successful in that if additional things apply such as disability, or they were financially dependent on the testator. The law is on the side of those clever enough to manipulate others , not those being discriminated against

Please educate me and quote which section of the Inheritance Act states the above.
Section 3 of the Act lists the matters to which court is to have regard in exercising powers under s. 2., one of which is disability.
It does not state that "an adult child will only be successful in that if additional things apply ....."

[Leann]

Please educate me and quote which section of the Inheritance Act states the above.
Section 3 of the Act lists the matters to which court is to have regard in exercising powers under s. 2., one of which is disability.
It does not state that "an adult child will only be successful in that if additional things apply ....."

It was on a solicitors web site, said unless you can prove you were financially dependent little hope of winning. Re promissory estoppel, would you have had to be a carer to go down that route, rather than taking my mother shopping, hospital apps, helping with my Dad when had dementia that type thing. One solicitor said it's not a case of what actually happened, it's proving it. When it's all done stealthily by drip feeding someone lies over the years, without the person being aware they are being influenced, as in my Mum's case as she was elderly in frail health, believed everything my sister said, the law is against you.e

[des8]

So we agree it is difficult to prove undue influence.

Reading websites can be misleading (including this forum at times)
Read the Act and pay particular attention to Sec1 (1) (e) where it refers to financial dependence and to whom it applies. and then Sec 3 which applies to a claim by a child of the deceased.

IMO your best chance of a settlement is by threatening a claim under the Act, and pushing for a share of the estate.
The courts expect people to try and come to an agreement, and if your solicitor specialises in contentious probate he should push for this.

Obviously not without risks, and stressful.

You could always decide not to pursue the matter, not to let it eat you and settle for keeping fond memories of your mother

[Leann]

So we agree it is difficult to prove undue influence.

Reading websites can be misleading (including this forum at times)
Read the Act and pay particular attention to Sec1 (1) (e) where it refers to financial dependence and to whom it applies. and then Sec 3 which applies to a claim by a child of the deceased.

IMO your best chance of a settlement is by threatening a claim under the Act, and pushing for a share of the estate.
The courts expect people to try and come to an agreement, and if your solicitor specialises in contentious probate he should push for this.

Obviously not without risks, and stressful.

You could always decide not to pursue the matter, not to let it eat you and settle for keeping fond memories of your mother

Thanks. do you think we'd stand much chance as we have savings and not on the breadline. trouble is haven't got any fond memories of my Mother, my whole life she made it obvious my sister was the favourite, treated me pretty badly. It's more about trying to get justice as I was the one did the caring, but seems the promissory thing is a non starter. It's a lot of money she's get about £400 K, just wish I was as expert at lying!!

[Leann]

Thanks. do you think we'd stand much chance as we have savings and not on the breadline. trouble is haven't got any fond memories of my Mother, my whole life she made it obvious my sister was the favourite, treated me pretty badly. It's more about trying to get justice as I was the one did the caring, but seems the promissory thing is a non starter. It's a lot of money she's get about £400 K, just wish I was as expert at lying!!

Just read e mail from solicitor was considering, said for Inheritance act claim to succeed , have to establish you are in comparitavily poor financial position, have to have income deficit, low income, debts or struggle to make ends meet so counts us out. Guess will have to accept it, Just want justice for having been treated like I don't matter my whole life, but still be active in caring for both parents, then find sister who had none of the responsibility, got herself into debt gets rewarded for it and the law's on her side. Sorry just really angry!!!

[des8]

OK, as an applicant you need to live at neither in the lap of luxury, nor in dire poverty. These are very much subjective parameters.

However you could still possibly use the threat of a claim in an attempt to get a settlement out of court.

Or wash your hands of the whole matter and get on with your life.
Don't let it embitter you.

[Leann]

Do feel really bitter, but have accepted sometimes we don't get justice in this world, got a toxic family so shouldn't really be surprised, just wish I'd known before could of cut off contact with my Mum. Think I'm on to a looser with this one sadly. Just have hope karma gets my evil sister back someday!

[Leann]

Do feel really bitter, but have accepted sometimes we don't get justice in this world, got a toxic family so shouldn't really be surprised, just wish I'd known before could of cut off contact with my Mum. Think I'm on to a looser with this one sadly. Just have hope karma gets my evil sister back someday!

Has anyone else had similar thing happen to them? Does make you feel very alone, when the onus is on the person being screwed over to prove what has been done, but the person doing the manipulating/ influencing gets away Scot free. Several things quoted as red flags re undue influence happened but solicitor seemed oblivious to them. I really think a letter of wishes should be witnessed, to prove it's genuine.