Unhappy beneficiaries

[Socohlb13]

Can a beneficiary use the money they have inherited to challenge the same Will the money came from? There is the clause to say if they challenge they will forfeit their share but is that only if they lose?

[PallasAthena]

Please give us the exact wording of the clause (but omit the name of any beneficiaries).

[atticus]

I cannot see how, if a challenge to a will succeeds, such a clause can survive.

What grounds of challenge have been intimated, if any?

[Socohlb13]

They haven’t said they are going to challenge they are just really unhappy with the amounts they are getting. They keep asking when they are going to get their money so I’m worried they are going to use the money they have to challenge the Will and try to get more, if that makes sense?

[Socohlb13]

1. I declare that any person who would otherwise benefit under my Will but who
   (a)
   institutes any proceedings to set aside or contest the validity of my Will or any provision of it; or
   (b)
   lodges any formal objection to the probate of my Will; or brings any claim under the Inheritance Act 1975 or any further version thereof in respect of my Estate
   shall forthwith be excluded from receiving any benefit under my Will and my Will shall take effect as if no provision had been made to that person

[atticus]

1. If the will is declared invalid, that declaration will clearly extend to this clause.

2. If under the Inheritance Act a court finds that inadequate provision has been made for a person for whom such provision should have been made, this clause will only reinforce such a finding.

The clause is a waste of space in respect of a successful challenge. It may deter a potential claimant from bringing a claim.

[Socohlb13]

Thankyou for your response. So they could in theory get their inheritance and still challenge the Will to try and get more of an equal share? They were not financially dependant on my Dad so they haven’t got a claim under inheritance act

[atticus]

In theory, yes.

Do you know why your father did not make equal provision in his will for you and your siblings? Is it primogeniture? Did they win the lottery?

[Socohlb13]

After the death of my mum 15 years ago, they didn’t really support my Dad as much as I did. I moved in to look after my dad when he became bedbound. My sister only lives down the round but never visited and very very rarely rang to check in on him. Similar story with my brother. I have always been the one to look after dad and had legal power of attorney. Dad wanted to reflect that in the Will. There had also been an unresolved disagreement with my dad and sister

[Pezza54]

The executor or administrator should aim to complete the administration within one year after the date of death
Claims under the Inheritance Act should be started within 6 months of the date of Probate
So if probate is granted within 6 months of death (say 5 months), the executor can potentially thwart a beneficiary using their inheritance to fund the claim by delaying payments to beneficiaries

[Socohlb13]

Thank you for your response. I’m the executor as well. I thought the 6 months was for people not named as a beneficiary in the will? They weren’t financially dependant on my Dad and are adults so they wouldn’t be able to claim under inheritance act would they? Sorry just so confused, we’ve got a 7 month old and I’m worried we may lose our home if they try to challenge

[atticus]

You thought right. See my answer in your other thread.

[Pezza54]

Your siblings were not financially dependent on your father. Your father did not forget them, he considered their entitlement and made an allowance
They would be taking a big financial risk starting a claim and hopefully they will receive the correct legal advice should they consult a lawyer
Claimants have an additional 4 months, making a total of 10 months after the date of probate to start a claim. This period may be extended if the claimant was unaware that the testator had died