Mother vs grandchildren contesting a will

[Help2023]

Hi,

My grandfather passed away 5 years ago. Had identical will with my grandmother. Property went to who ever passed first and grandchildren named as beneficries.

My grandmother sadly passed this year and had updated her will. Property was to be left to myself and brother and other siblings named also on the will.

Our mother is contesting the will as a step child who was left out of the will. Was never named in grandfathers will either only grandchildren.

Any advice on this please?

[PallasAthena]

When you say your mother is "contesting the will" what has she actually done, what legal basis has she used to contest it?

In certain circumstances someone who thinks they should have been a beneficiary but isn't could go to court and bring a claim under the Inheritance (Provision for family and and dependents) Act 1975. The circumstances where a claim can succeed are fairly limited. Search online for the act and lots of solicitors websites explain it. Note though that it is the stepchild (if they are an adult) who would have to contest the will under that act, not your mother.

[Help2023]

Contesting under the provision for family and dependent Act 1975.

Our mother is the Step child.

[atticus]

Was she wholly or partly dependent on the deceased?

[PallasAthena]

Ah OK. Familial relationships weren't clear from post #1. Is she using a solicitor? They will advise her if she has a potential claim under the 1975 Act. Not sure what more advice can be given here.

Who is the executor(s) of your grandmother's will? Have they heard from your mother or her solicitor setting out why they believe she has a claim under the Act? If you have read up on the Act you'll know there are specific grounds for bringing a claim

[Help2023]

The executors of the will are myself and brother aswell as being beneficiaries.

Our mother was non dependent on the deceased. She was never included on any previous wills from her biological parent as they decided to skip a generation and leave to grand children.

As I'm aware she has opened a case under the Act as a step child who has been left out. Her biological brother was also left out of the will.

We have received a letter instructing us to seek legal advice. We cannot until the new year.

Under this Act does this mean she can claim on the estate even if this was agaisnt the wishes of both biological and step parent.

Thank you

[atticus]

This letter "instructing" you to take legal advice - does it set out the basis on which the lady makes her claim? If not, I suggest that you ask her (or her lawyer) to set out in full the facts and matters that they say entitle her to make a claim.

What you say suggests that she will be in difficulty bringing a claim, particularly as she was not wholly or partly maintained by the deceased. See s1(1) of the Inheritance (Provision for Family and Dependants) Act 1975 - https://www.legislation.gov.uk/ukpga/1975/63/section/1

Has Probate been obtained?

[PallasAthena]

Do you have Probate yet? If yes, what date was it issued?

No-one can 'instruct' you to take legal advice. Who has written this letter? Or is it just a recommendation?

In your position I wouldn't rush to incur legal costs. I would ask them for more details of their claim first.

The only wishes that are relevant are those of the testator, ie your grandmother, as it is her will that is being challenged.