Change of parents will - rights for children.

[SuperJon]

Thanks for reading this quite complex issue that we are very concerned about.

My sister and her young child moved in with my parents when her and her husband divorced some 30 years ago - they've lived with them ever since and my parents have had more than a hand in my nephew's care.

My Mum passed away a few years ago and both her and my Dad have, over the preceding years, spoken to me on numerous occasions about their concerns with the care of my nephew (their grandson) who has ASD as my sister can be unstable and prioritizes boyfriends over her true priorities and can leave him with my elderly Dad for weekends and sometimes weeks when she decides to go on holiday. I have my own family but have always been close with my nephew and take him out with my family a lot. Like many families, we don't talk death or wills very often but a couple of years before she died, my Mum said totally out of the blue that things would be fair when the inevitable happened which I trusted was the case.

After my Mum's death, no will was mentioned and, because of what I have just found out(which I'll detail below), I haven't mentioned it to save my Dad's feelings.

By sheer accident (it was left on the table in full view of anyone who might sit there!), I've seen that my Dad has changed his will at the start of this year and can see he has left his entire estate to my sister - in total contrast to what my parents have told me and I've found out that my sister has very much driven this change so much so that she arranged for a local will writer and drove him to the appointment that she also was present in.

I know this sounds like sour grapes but I can't understand why I and my nephew has been removed from the will and I believe that coercion has been involved.

If anyone could advise me of any rights that we have to challenge this I would be very grateful.

[PallasAthena]

There's severl things to unpick here.

Family dynamics can make situations like this difficult to address but the obvious first step, it would seem to me, is for you discuss it with your father. Ask him why he has changed his Will? Do you know what it said before?

Does your father still have full mental capacity to make a new Will? Other than the fact that you disapprove of your sister persuading him to change his Will what evidence do you have for coercion or undue influence?

Are your sister and her son still living in the family home with your father? Who owns the house?

From your timeline I guess your nephew is in his 30s. You say he has ASD but that isn't significant in itself. ASD covers a whole spectrum in its impact on someone's daily life. Does your nephew work? Is he independent in his day to day life? Is he dependent on his grandfather? Is your sister dependent on her father?

You don't seem to have been much involved in dealing with your mother's estate. Have you checked for a copy of her probate here? Search probate records for documents and wills (England and Wales) - GOV.UK Does it confirm there was no Will? Who was appointed Administrator of her Estate?

[SuperJon]

Thank you for your reply - it is very much appreciated. I've just spoken to an old friend who is a lawyer and he's put me in touch with a practitioner who specialises in issues like this as the information in my original post doesn't tell the whole story and it is, as you say, complex.