act 1975.

[adamwest101]

Hi
I have been left out of my stepfather's will he was my stepfather for over 50 years, my brother, also his stepson, my sister, his biological daughter, new wife are all beneficiaries, so is my daughter who he had only met on a handful of occasions. The solicitor who is also the executor told me, my stepfather knew I would contest the will so they had put things in place, a letter I believe. He only had 2 weeks to live when he visited the solicitor

[Sam101]

The solicitor made sure that the Will would be 'sound' in view of the fact that your stepfather obviously had good reason to exclude you from his Will.

When this sort of thing happens it is unfortunate, but I would expect that if you obtain a copy of the Will you will be able to see just how 'sound' it is and if so, there would be no point in contesting it.

[des8]

Although there is probably little chance of having the will declared invalid, you might be successful lodging a claim under the provisions of the Inheritance (Provision for Family and Dependants) Act 1975

Usually claims have to be lodged within 6 months of the grant of probate, so do not delay obtaining professional advice.

[adamwest101]

My stepfather had no obvious reason to exclude me from the will, except the fact he hated me from an early age, the man was a narcissist. Is there a form to fill out for the act 1975? Is it my best cause of action, no win no fee?

[des8]

You don't just fill out a form to make a Inheritance act claim.

You read and understand the Act and then examine your own circumstances to see if you have a possible viable claim, taking into account the terms of the Act.

I would advise finding a solicitor who specialises in contentious litigation and arranging an initial fixed cost (or free) consultation to see if you have a viable claim.
If you have the solicitor will also be able to advise you on ways of funding your claim

[islandgirl]

I think I would be more than happy to exclude someone I hated from my will! Whether I had a reason to hate them is up to me and not to anyone else. Des8 gives good sound advice - my advice is to listen to him. I post only to say that his hatred of you, justified or not, is an "obvious reason". Good luck whatever you decide to do.

[adamwest101]

What happens when beneficiaries disagree with each other?

[Sam101]

Solicitors earn far more Fees.

[des8]

What happens when beneficiaries disagree with each other?

Is this a follow on from the post on your other thread? https://legalbeagles.info/forums/for...08821-act-1975

What is the disagreement over.. is it about a variation or how to respond to a claim under the Inheritance Act?

[adamwest101]

The solicitor is acting on behalf of the beneficiaries plus he is the executor. I asked if they would consider a variation, he said no, but he only ever contacts two beneficiaries I know this because my daughter is one and she has heard nothing. I sent a Larke v Nugus request as I was told there needs to be a medical certificate when someone is on heavy medication { cancer treatment} with a terminal illness, making changes to their will? I was also told if I challenge this I would fail. If I go down the Act 1975 route, do the beneficiaries need to appoint a different lawyer? Thanks

[Sam101]

These are questions relating to 2 previous submissions ('Act 1975' and 'Step father not doing what my mother wanted') both of which have received answers.

As previously mentioned, it is better to stick with ONE question and continue with that, by not starting other questions relating to the original problem of you being cut out of a Will. .

[des8]

The only people who are required to sign the variation are those affected by it, so you could have a situation where two beneficiaries agree to a variation to their legacy but other beneficiaries do not.

If you bring a claim under the Act it is up to the beneficiaries whether or not they appoint a solicitor to defend their interest, and if they do which solicitor.
Do however take professional advice from a specialist contentious litigation solicitor before going down that route.
They will be able to ascertain your likelihood of winning, the possible costs and ways of funding your action.
It is not a walk in the park, nor is it cheap!

[adamwest101]

These are questions relating to 2 previous submissions ('Act 1975' and 'Step father not doing what my mother wanted') both of which have received answers.

As previously mentioned, it is better to stick with ONE question and continue with that, by not starting other questions relating to the original problem of you being cut out of a Will. .

Sorry, father not doing what mother wanted was from 2019, now father has died, so should I just carry on from 2019?

[adamwest101]

The only people who are required to sign the variation are those affected by it, so you could have a situation where two beneficiaries agree to a variation to their legacy but other beneficiaries do not.

If you bring a claim under the Act it is up to the beneficiaries whether or not they appoint a solicitor to defend their interest, and if they do which solicitor.
Do however take professional advice from a specialist contentious litigation solicitor before going down that route.
They will be able to ascertain your likelihood of winning, the possible costs and ways of funding your action.
It is not a walk in the park, nor is it cheap!

Thanks again, the solicitor who is currently executor surely would not be able to represent them, wouldn't that be a conflict of interest? I know it's not easy or cheap

[des8]

In the event of an Inheritance Act claim the executor has to remain neutral, so you are correct in that it would be difficult for him to represent them.

Sometimes In this type of claim a beneficiary is also the executor and has to wear two hats, so I suspect an unscrupulous solicitor might try and ride two horses at once!