Will dispute

[debbietheboro]

My partners father passes away in January 2015 . In 2011 he made his will leaving everything to split equally between him and his sister . He was diagnosed with terminal cancer in 2014 and put in a hospice in September 2014 . A codicil was attatched to the will in September also whilst in the hospice leaving my patner as beneficary of the will but his house changed bequeathing it soley to his sister . He was told this was to stop anyone taking his half of the house due to debts . , and that the house was still to be shared half each . However now his sister has took executor status to her head and is playing games . She has been secretive . She offered to buy him out at nearly half less than due so he refused . She is now playing its her house and will do as sge pleases when she pleases . Her solicitor is one of her friends and is only doing anything to benefit her and hiding things ie I think he had more money in his accounts . Yet probate shows much less . How do I stand . Would I have grounds to contest as my father was dying in a hospice and wad tricked in a way as to why he was changing his will . Any suggestions please . The deceased estate is all under Scottish law . Thank you

[des8]

Re: Will dispute

Hi and welcome.
Sorry to hear about your problems at such a sad time, but I'm afraid this is a scenario we hear about too often.

If you believe undue pressure was put on your partner's late father, yes he has grounds to dispute the will.
The person making the will must understand what they are doing.
Obviously if the father was taking powerful painkillers because of his condition, one must wonder if he understood the full implications of his actions.
To dispute a will on these grounds normally requires compelling evidence.

I would suggest you consult a solicitor who specialises in contentious probate, especially as this is covered by Scottish law.
Do be aware that court disputes of this type tend to be extremely expensive, and negotiated outcomes (even via the solicitors) are to be preferred.

[debbietheboro]

Re: Will dispute

Thankyou for your fast reply . I have heard this can be expensive . Do you have a rough idea ie hundreds , thousands , tens of thousands ? . I also have queries to my late father's bank accounts . As beneficary to everything else in his estate , and confirmation has been granted could I ask for proof of bank statements ? Thanks

[des8]

Re: Will dispute

The beneficiaries are entitled to ask for details, and to ask to be kept informed of progress about settlement.
However the executor does not have to reply to such queries, although it would be good practice.

Regarding costs, it would depend on how far the dispute goes, and it is impossible to guesstimate this.
Best to have an initial consultation with a solicitor.
Many disputed wills never each court stage as all parties realise the futility of giving all the estate to lawyers, and instruct their side to come to a negotiated agreement.

[debbietheboro]

Re: Will dispute

I will contact my solicitor . Thankyou so much for your help .