What would happen if I “gave up” defending my Dad’s Will?

[Tilly1990]

Can anybody offer advice please?

Not only did I lose my Dad last Christmas, but I’ve spent the past 9 months sorting out his (small) estate. His ex wife is challenging his Will as it makes no provision for her, but I think this is justified as they had been separated for 5 years (although not divorced). I am being forced to spend thousands of my own money on legal representation to defend her challenge. I am the beneficiary of his estate.

In theory, does anybody know what would happen if I simply gave up due to not being able to afford to defend the challenge? My worry is she would automatically be entitled to what she wanted, which includes cash and a share of my Mom’s house (despite my Dad not living there for over 15 years, and my “stepmother” never even setting foot inside!). I am in my 20s and not in the best financial situation (very few savings, currently renting my home, etc).

I can’t use the money from the estate as the Executor cannot distribute due to the caveat and challenge. It is also a very small amount anyway (approx £19k).

I can’t keep calling my solicitor with questions as the bills keep racking up! Can anyone offer any suggestions please?

[des8]

Condolences on the loss of your father.

Who is the executor?

You said it is only a small estate @ £19,000, but it seems to include a house.

You refer to his ex wife although they are not divorced but separated. Was the separation a "legal separation" or did they just part.

If your mother was your father's first wife and was divorced from him, why do you think the second wife might have a claim against your mother's house? Is your mother still alive and living in the house?

Sorry, more questions than answers

One last question: was the will written after your father's second marriage?

[Tilly1990]

des8 thanks so much for responding. I’ll answer the questions:

1. The executor is my Dad’s late mother’s partner (so kind of step-father although they never married).

2. Sorry - small estate of £19k cash and a 30% share of my Mom’s house, although only after outstanding mortgage is paid (she still has £70k odd left to pay). The house is worth about £180k. It’s one of those mesher orders.

3. Dad and his ex were not legally separated - they just split up and lived separately after a short marriage of 18 months ish.

4. Dad’s Will left his 30% house share to me and his ex said she wants the cash value. She’s trying to say the Will is invalid due to lack of capacity (he was an alcoholic) and has issued a caveat and is also trying to claim under the inheritance act. If she can successfully prove the Will is invalid, the law of intestacy would apply apparently. Mom is still alive and living in the house, and wants to stay there permanently.

5. Yes - dad wrote the Will well after they split up.

thank you

[des8]

So presumably the event which will trigger the sale of the house has not yet occurred, so your mother can't be evicted.

Claiming a will is invalid is a lot easier than proving it.
An alcoholic can be well aware of what he is doing, and if the will was drafted by a solicitor there should be little difficulty showing your father had capacity.

If your father did not support his estranged wife during their separation, and if she is not in need she may have difficulty making a successful claim under the Inheritance Act.

However just by threatening these things she is causing great stress and expense.
Many threats are made about such claims in the expectation that the other party will make a settlement offer to avoid a costly court battle.
With such a small estate at the heart of the dispute it is possible that most of it would be eaten up in costs.
Has your solicitor suggested making an offer?

[Tilly1990]

des8 this is it - his ex wife knows I don’t have much money and knows I won’t be able to afford to defend it for long. And not being able to recover costs from the estate is a problem. I have no savings and am relying on my wage, which isn’t going very far at the moment!

My solicitor is waiting on my dad’s medical records as the opposition has requested them. The solicitor then wants to try and defend before we offer anything.

My worry is, we try and defend it all but then the ex pushes back and we end up giving her a lump sum anyway. And then what if she wants more to go away?

What would happen if I just rang up my solicitor and said “right, I can’t afford this anymore, I give up”…?

im very stressed as you can probably tell haha…

[MIKE770]

sounds all too familiar case, urggghhhhhhhhhhhhh

[Tilly1990]

sounds all too familiar case, urggghhhhhhhhhhhhh

sorry to hear that

[des8]

It is all too familiar a story.

I would suggest you think carefully before abandoning your inheritance.
What effect will it have on your mother if her home is co-owned by your father's second wife?
How will you feel a few years down the line if you just roll over?

Just let your solicitor know (if he doesn't already) your financial position and see if there is a way to finance your defence.
If it ever gets to court and she loses she might well end up paying those costs.
There is no point in the solicitor racking up costs which you will be unable to pay.

You say you can't afford to keep ringing your solicitor..... so don't ring him.
Let him get on with his job and keep contact to a minimum.

Good luck with his attempt to obtain medical records.
In a case I'm involved in the hospital refused to release medical records except to the holder of a grant of probate and as there is a caveat I can't get the records! Been dragging on for over two years now!

Any settlement you might come to will contain a clause stating it is a full and final settlement, so there will not be any subsequent requests for more.

[greyfur]

I know it is easy to say, but try not to worry. I agree with Des8 in letting your solicitor know about your financial position. Try emailing your solicitor instead of ringing, but only if you HAVE to contact them. This may be less expensive than phoning. The medical records could be very valuable for the defence. It can sometimes be hard, but try and have faith in your solicitor and let them get on with the job. Good luck.