Can they contest the Will

[Sky90]

My father passed away 2 years ago. He had a mirror Will with my mother. She is still alive. His life insurance, pension and all other assets went to her, such as the house and small amount of savings. The agreement was that she stays in the house until her death and then the house is split between his children.

I believe that she can change the Will at anytime. She has not. They were married for 36 years and had two children. He was previously married and had 3 children. He divorced when she cheated on him. He met my mother and had a child whilst separated but still married to his now ex wife. He paid child support for all children and when taken to court as his ex wanted more money, was told he’d been paying too much (more than half his income), and the payments were reduced. He had weekend custody, but she refused to let him see the children many times.

His ex wife and other 3 children are attempting to make a claim that if my mother had not been around they would have rekindled the relationship. They are trying to claim 50% of the home that his ex wife paid no money towards. It was purchased when my mother and father had been married for over 5 years.

Do they have a claim? What does my mother have to do to protect her home. She has no income other than a pension. She cannot afford a legal battle. The ex wife had the support of a wealthy relative, and I worry that they will drag her through the legal process, even if there is no claim, and bankrupt her.

Thank you for any advice you can provide.

[atticus]

Based on what you say, I cannot see that a claim has any chance of success.

In what way have they attempted to make a claim?

[Sky90]

Thank you for your reply. My mother has not been served any legal documents, but we have been told they are currently working on a case to claim 50% of my mother’s home. Is there anything she could prepare or gather to ensure that her assets are safe? Or would this be a baseless and malicious claim that would go nowhere?

[atticus]

Has a Probate been obtained, and, if so, when was it obtained?

[Sky90]

Checking the government website, the date of probate is listed as 4th March 2024.

[atticus]

That means that it is too late to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 - the time limit is 6 months from the date of the grant of Probate. That said, I cannot see the grounds for a claim under that Act.

I am struggling to see any other grounds to challenge the will. This is why I asked to see what they have said, to analyse how they put the claim.

The ex wife's claims against your father ended with the court orders made on divorce. As a matter of interest, did she remarry?

[Sky90]

Yes she did remarry, 2 years after he did.

[Tofros]

Also, did your Mum and Dad own the house together? If so, was it jointly held, or held as Tenants in Common. If the former, the house would not be part of his estate and would pass to your Mum outside the will. In that case, even if they could contest the provisions in the will, the house would not be up for grabs.If the will was only a mirror will and not a mutual will your Mum can make a new one, reducing or eliminating their entitlement.

If the house was owned as tenants in common, what exactly did the will say?

[Sky90]

My mum and dad both owned the house and were listed as the registered owners on the land registry website.

[atticus]

Yes she did remarry, 2 years after he did.

She can forget any idea of a claim. Your step siblings will have to wait.

(Also, having remarried, how was she expecting to rekindle the relationship with your father?)

[Tofros]

Is there a form A restriction on the registered title to the house?