Will dispute

[Anniee1]

I hope someone might be able to give me some advice.

My father died and left a will - it shares the estate between myself, my three children and my brother. I have the highest share, then my children, and my brother has the lowest percentage share.

Unfortunately my father and my brother did not get on well at all, they had a very poor relationship and often volatile. That’s why my father didn’t want to leave as much to my brother and preferred to share most of the estate with me (who had a very close relationship) and my three children who also were very close to my father. My father was adamant that this was how he wanted to share his estate in his will. He even wrote a letter (undated and unsigned) saying that he didn’t want the will changed.

My brother is contesting the will and wants to go to court to increase his share. He feels aggrieved and angry and basically wants a higher percentage. He has said that because the rest of us are home owners and he rents off the council in a really bad area, then he isn’t been properly catered for (I’m sorry I forgot the exact term used). He’s also told me that he won’t have to pay any court costs, it will come out of the estate.

From a personal perspective I find this totally unfair, my father made his will for many reasons and I don’t see why someone should be able to change it just because they want more and feel entitled. What is the point in even writing a will if it can be overturned by people who simply want more.

We don’t have a lot of money so I haven’t got any specific advice yet, but wanted to see if anyone had any advice at all, any thoughts or any idea why or whether my brother has a strong case?

thank you

[ostell]

He has not been supported by your father so a claim against the estate for support would be unlikely to succeed. You court costs would be out of the estate but he is unlikely to get his costs.

When did your father die? How has e contested so far? Is it any where near court or is it just a threat?

[Anniee1]

My brother has sent an email to our solicitor stating their plan to contest. But that’s as far as it’s got so far. But he has nothing to lose - he thinks he’s in the right and will do anything possible to get what he wants.

my father died in May.

it’s frustrating that this is totally unfair and we would have to pay costs, even if we win! It makes a mockery of writing a will in my opinion. And why should we suffer financially just because someone wants to ask for more. Bearing in mind this person maybe visited my father once a month, only caused problems, went a year without seeing my father etc etc. There was no real relationship.

it just feels very unfair. My father wanted to leave me and my kids some money that would help them and this is going to be effected simply because someone wants more by the abounds of it.

[des8]

Leaving aside the "unfairness" you need to consider the cost implications.
Whilst it is not a foregone conclusion that his costs, win or lose, would be paid out of the estate, you will (if the matter proceeds to court) inevitably incur some costs.
Because these costs are likely to be high the majority of Inheritance Act claims are settled by negotiation out of court.

What has your solicitor advised?
does he specialise in contentious probate?

[Anniee1]

We’ve not yet paid for advice yet because we’re waiting for my brother to formally contact our solicitor with the claim. Plus we need to find another solicitor as we’re the executors and they may have a conflict of interests.

is there any guidance on costs, for example, for going to court over an estate worth around 600k?

[des8]

[QUOTE= is there any guidance on costs, for example, for going to court over an estate worth around 600k?[/QUOTE]

How long is a piece of string?
Solicitor's costs, barrister's costs, are high anyway, and if it actually goes to court their fees rocket due to the time spent hanging around!

[Anniee1]

So basically, anyone (spouse, child etc) can claim under inheritance act regardless of whether they are likely to be successful or not? And because the costs are so high most cases are settled out of court. I just don’t understand - why is there no protection for the people on my side of the issue that have done no wrong? It sounds like anyone in my brothers situation may aswell claim as they’re likely to get more!

[des8]

It's not quite that simple.
For example if the claimant's case is entirely without merit he could face an adverse costs order from the court.

You really need to get expert professional advice about your case, as each one depends on its particular circumstances and it is not possible on a form like LB to give other than general pointers

[Anniee1]

Thanks Des8, I appreciate this site is for generic purposes.

For my own information (as I don’t know how it works), does the court have to look at any case brought to it? Or does a court ever say no this is ridiculous, it’s not worthy of court as you have no real claim? I guess not but thought I’d ask - just seems ridiculous that anyone can pretty much in a claim (even with a threat of adverse costs)

[des8]

The courts can and do strike out claims of their own accord, but I don't know of any under the Inheritance Act.
By the time a claim under this act reaches the court it will most likely have been handled by a solicitor, so the basic reasons for a strike out on the courts own initiative shouldn't be present.
There is no reason why a defendant shouldn't apply for strike out if they believe the claim has no prospect of success or fails on a point of law

[Anniee1]

Ah okay, so there is a process for claims that just aren’t realistic, rather than allowing any claim to simply go forward? And would a solicitor (for example) advise the claimant that it’s likely to be struck out?

[des8]

Solicitors vary!
Whilst a solicitor might recognise the weakness of a legal claim, he might still argue on behalf of his client.
Just responding costs the estate, and pushes one into considering compromise agreements

[Anniee1]

Ok thank you