Step Nan - Will/Probate

[sterion75]

My grandfather passed away and left no monies to grand children instead put aside a large chunk to his living wife(remarried after nan died). The step nan has died and left one grandchild(our brother) and each of his children 5k each but neglected to leave any of the other grand children any. Is there legal president for the three of us to challenge this as it seems a little unfair?

Thoughts most welcome

Thanks

Rob

[sterion75]

Re: Step Nan - Will/Probate

[sterion75]

Re: Step Nan - Will/Probate

[Kati]

Re: Step Nan - Will/Probate

tagging [MENTION=77627]Openlaw15[/MENTION]

[Openlaw15]

Re: Step Nan - Will/Probate

My grandfather passed away and left no monies to grand children instead put aside a large chunk to his living wife(remarried after nan died). The step nan has died and left one grandchild(our brother) and each of his children 5k each but neglected to leave any of the other grand children any. Is there legal president for the three of us to challenge this as it seems a little unfair?

Thoughts most welcome

Thanks

Rob

Hi Rob

I know it seems unfair but the general rule is the gift-maker is entitled to leave gifts to whom he or she wants. Even if it could technically be challenged the overall value of the three of you is only £15,000 overall or £5000 each. I think it would cost a lot paying for lawyers anyway and the other problem you have is that the step nan is only a relative through marriage to your late grand-father, ie no close blood relative. There is currently a case going through that challenges the gift-maker so if this case is successful in that beneficiaries can challenge the Will-maker it may help your cause. However the case relates to close relatives ie sons and daughters of beneficiaries.

[wal18b2s]

Re: Step Nan - Will/Probate

Thanks for the info(replying under different account). It's a bit complex my mother(her step daughter) did not receive anything in the will from her father when he died in 2009 apart from her mums jewellery which mysteriously vanished. My mother never saw the will until recently, the brother told her that everything was left to the step mum(I attach the original will as we aren't sure that was true?). She is to receive 10k from the step mums WILL but and a big BUT we feel the brother could have pocketed a lot more through deceit(half the fathers share of the house)? Would someone be willing to look at the original will? I've redacted it but from how I read it the brother got half the fathers share of the house and mother got nothing. Just to confirm this is her dads will and not the step mums. The will looks like it was altered 2 years before the death. I know time has passed but the deceit(if we are reading the will correctly) might only just have started to unravel.


http://imgur.com/a/j0sP4

Hi Rob

I know it seems unfair but the general rule is the gift-maker is entitled to leave gifts to whom he or she wants. Even if it could technically be challenged the overall value of the three of you is only £15,000 overall or £5000 each. I think it would cost a lot paying for lawyers anyway and the other problem you have is that the step nan is only a relative through marriage to your late grand-father, ie no close blood relative. There is currently a case going through that challenges the gift-maker so if this case is successful in that beneficiaries can challenge the Will-maker it may help your cause. However the case relates to close relatives ie sons and daughters of beneficiaries.

[Openlaw15]

Re: Step Nan - Will/Probate

Thanks for the info(replying under different account). It's a bit complex my mother(her step daughter) did not receive anything in the will from her father when he died in 2009 apart from her mums jewellery which mysteriously vanished. My mother never saw the will until recently, the brother told her that everything was left to the step mum(I attach the original will as we aren't sure that was true?).

"She is to receive 10k from the step mums WILL but and a big BUT we feel the brother could have pocketed a lot more through deceit(half the fathers share of the house)? Would someone be willing to look at the original will? I've redacted it but from how I read it the brother got half the fathers share of the house and mother got nothing. Just to confirm this is her dads will and not the step mums. The will looks like it was altered 2 years before the death. I know time has passed but the deceit(if we are reading the will correctly) might only just have started to unravel.


http://imgur.com/a/j0sP4

Hello again Rob.

Only if the stepmother died before your father would there have been gifts of £10,000 to your mother, and £5,000 each for the grandsons etc. For some reason your father gave his son a share in a property and person B a share in a property in Spain. Your mother (his other daughter) was left no share in any property, from what I can see. The stepmother was gifted what appears to be the main property (ie family home?). These gifts apply to the father's Will only. What happened to the jewels?

I cannot comment on the stepmother's Will until I have read its terms.

[sterion75]

Re: Step Nan - Will/Probate

Hello again Rob.

Only if the stepmother died before your father would there have been gifts of £10,000 to your mother, and £5,000 each for the grandsons etc. For some reason your father gave his son a share in a property and person B a share in a property in Spain. Your mother (his other daughter) was left no share in any property, from what I can see. The stepmother was gifted what appears to be the main property (ie family home?). These gifts apply to the father's Will only. What happened to the jewels?

I cannot comment on the stepmother's Will until I have read its terms.

We were told the "Jewels" were no where to be found.

I think it is the house share is what we are interested in. Are we saying his son and person B got a share in the property and were allowed to cash it in as soon the property was sold(i.e. the wife didn't get everything)? it was sold a couple of years after he died and after wife went to live in care home where she died 7 years after her husband.

We can't get step mums will until probate is done apparently. What we are thinking is a few mis truths were told in order so the fathers will wasn't challenged

[sterion75]

Re: Step Nan - Will/Probate

Also just to clarify there is one property I,e. The family home. Person b lives in spain

[Openlaw15]

Re: Step Nan - Will/Probate

We were told the "Jewels" were no where to be found.

I think it is the house share is what we are interested in. Are we saying his son and person B got a share in the property and were allowed to cash it in as soon the property was sold(i.e. the wife didn't get everything)? it was sold a couple of years after he died and after wife went to live in care home where she died 7 years after her husband.

We can't get step mums will until probate is done apparently. What we are thinking is a few mis truths were told in order so the fathers will wasn't challenged

This is the problem when you hide the terms of the Will it's hard to read it. Ok, Father's Will left family home, it seems, to his son and person B, who lives in Spain. The Will also permits step mother to live in said property rent free for as long as she wants, and or if she so chooses to live somewhere else, ie trustees to ("join in" to help her), probably sell the family home to purchase another property for her (although it's only intended as her home, not her property itself benefit from a sale).

The Will's term do not mention care homes. However, father's interest in the property passed to his son and person B. The property was only ever intended as a place to live for the step mother. So on her going to live in the care home, said beneficiaries were entitled to sell the property as per the terms of father's Will. The step mother got nothing except a place to stay, the way I interpret the Will.

[sterion75]

Re: Step Nan - Will/Probate

Thanks for the info. Do you think this would be sufficient to challenge since the daughter was not catered for at all in the will and the son purposefully stated everything was left to the wife and the items that were left(jewellery) never were received? We have an email stating this. 6 years have passed since probate(we never got to see the will until recently). My mum took the word of her brother. I'm guessing it would be risky with the potential fee's involved. The wife did leave my mum 10k her will but the rest of what she has left is unknown to us until probate.

[Openlaw15]

Re: Step Nan - Will/Probate

Thanks for the info. Do you think this would be sufficient to challenge since the daughter was not catered for at all in the will and the son purposefully stated everything was left to the wife and the items that were left(jewellery) never were received? We have an email stating this. 6 years have passed since probate(we never got to see the will until recently). My mum took the word of her brother. I'm guessing it would be risky with the potential fee's involved. The wife did leave my mum 10k her will but the rest of what she has left is unknown to us until probate.

Well, as i either said on this thread or to another in your position, son and daughters may be able to challenge Wills were they have not been provided for. A case has gone from the Court of Appeal (2nd highest court) and will likely be heard by the UK's highest court, the Supreme Court. As the Supreme Court is the highest court is also is the highest in the UK's constitution, it will also act as constitutional court, that is a court that deals with the most basic rights for citizens in free countries (ie democratic). The problem is even if it is successful at said court, lawyers are not cheap. The property also, as you say, has been sold. The court technically could have made an order for an implied trust, meaning a right to an interest in property (proprietary right) in favour of beneficiaries such as the daughter, and possible grand children. So now the only remedy is damages (ie compensation) for any losses A lawyer would only take the case on a conditional free agreement (no win, no fee) if the claim of the case were at least twice as much as what is would cost to defend, ie the lawyer fees.