Consequence of not signing a Deed of Variation

[Topcatk]

i am an unexpected beneficiary of a will. My stepfather died leaving his property to be shared between his 4 sons and 2 stepchildren including me. His wife (my natural mother who I have had no contact with) is allowed to stay in the property until her death or remarriage and is therefore challenging the will for 50% of the property (to leave to who she chooses) and life interest over the remaining 50% without restrictions to go to the sons on her death. I have been asked to agree to a Deed of Variation that in effect writes me out of the will and in likelihood to not receiving anything downstream. If i choose not to agree, what happens next? especially if I was the only one not to agree?

[des8]

I believe that any variation has to be executed before the end of two years after the testator’s death, so it would seem to be out of time anyway.
Also all adversely affected beneficiaries have to agree for any variation to be effective.

What happens next? the family continue to ignore you

[Topcatk]

Thank you for the information re the timeframe but if that was the case automatically why would a solicitors take the case on? The solicitors say that they feel she has a good case under the Inheritance Act 1975 on the grounds that the will fails to make reasonable provisions for her. Also they feel she has a claim under the Trusts of Land ....Act 1996. So is there a deadline for challenging the will regardless?

[des8]

Obviously your mother's solicitor will talk up the expectation of her success in an attempt to persuade you to agree, so I would disregard their opinion. They take it on because their fees get paid.

Inheritance Act claims have to be brought within 6 months of the grant of probate (altho' the courts do have some discretion over that) and she very probably has a claim under TOLATA 1996.

If any claim is successful it doesn't necessarily follow that you will lose the whole of your inheritance, altho' you will if you agree to their proposal to basically renounce your inheritance.

Whether or not it is worth speaking to a solicitor experienced in contentious litigation (perhaps a single fixed fee consultation to discuss your options) we can't judge. That will depend on the amount of your possible legacy and how you feel about your unexpected inheritance and estranged family.

[Ames1]

The deed of variation has to be signed within two years of your step father passing so I have no idea what they are trying to get you to sign. Your step father wanted you to inherit and as your relationship is already strained with your ‘natural mother’ , I would simply wait for some money to get to you. As DES8 said, it may be a reduced amount if she makes a claim but that will reduce the overall estate amount and not just specifically your share. IMO, don’t sign anything without getting a solicitor to look over it first

[EnglandPi]

Solicitors often take on unwinable cases because at the end of the day even solicitors need to make a living,

[Topcatk]

Thank you all for your responses. I intend to decline to sign the DOV. It will be interesting to see if she takes it to court or attempts to ‘buy’ me out of the will (assuming this is possible).