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Stop inheritance procedure.

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  • Stop inheritance procedure.

    My Mum has recently made a new Will and left 85% of her property is left to me.
    However my brother only inherits £15,000 because of his past behaviour to my Mum.

    He has threatened to take me to Court for Family Inheritance. How can I stop that happening?
    Would my Mum be able to stop this happening to me whilst she is still alive.?
    thank you I appreciate any advice.
    Tags: None

  • #2
    You cannot prevent anyone taking you to court who is determined to do so. You may stop this by agreeing a settlement, should you wish. Your mother may stop it by changing her Will.

    However, if your brother takes legal advice, he may be told things about the chances of success, and legal costs.

    Is your brother in any way dependent on your mother? If not, a claim is unlikely to succeed.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Atticus Thank you so much for your reply.

      My brother is not financially dependant on my mum. I am the Executor of her Will.

      Would it be a better idea if my Mum put a letter with her Will explaining her reasons that she does not want my brother to have any more money than she has allocated him.

      Comment


      • #4
        I am going to leave this to dslippy
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          To see how the courts view Inheritance Act claims, I would suggest a google of Ilott vs Mitson.
          The Supreme court's judgment includes the reasoning behind its decision

          Even if your sibling does not have a viable claim under the Act to increase his portion, the cost of disputing it could well outweigh the cost of coming to an agreement before it reaches court.

          Comment


          • #6
            Your mother is free to draw her will in whatever terms she wishes.
            Inhertitance (Provision for Family and Dependents) Act 1975
            The Act allows claims mainly by surviving spouses but also by dependent children. An adult non-dependent child has in principle no claim.
            It can make very good sense for her to leave a letter with the will as described (please note this for another thread here).

            The rules on costs differ in such claims so that the estate will be at risk of bearing all the costs in any event. This means, as Des8 points out that it can be cheaper to settle than to win.

            You might question whether you want to perpetuate a dispute between your brother and your mum and, if not ,you are free to vary the terms of the will after the death to achieve a more equitable distribution.

            Comment


            • #7
              See
              https://swarb.co.uk/ilott-v-the-blue...c-15-mar-2017/

              Comment


              • #8
                Thank you for the replies.

                I have previously been involved in a Will dispute with my brother over my Dads Estate.
                As a result I lost the case and had to pay all of the costs.
                Because I did not have enough money to pay all the costs I had to sign all of the Inheritance that my Dad had left over to my brother. He benefited the amount of £103,000 above the amount that I had to pay.
                Instead of getting Half of my Dads Estate and money. I have ended up with £12:50p.

                My mum was so disgusted at the way he had behaved towards me she did not want to leave him any money.
                But she decided to give him £15,000
                to at least say he has had something.

                He is malicious and will try to get any money my mum leaves me.
                I am trying to stop another Court case with him again.
                There is no negotiating with him I tried that in the last Court case.
                Thats why I asked about my mum putting a letter with the Will.
                Such as any Court action he receives nothing! Not sure that is legal?
                I do appreciate all the help Thank you

                Comment


                • #9
                  The letter only operates to inform a court as to why she has made the provision she has. It is binding on nobody.

                  If he is that way then he is that way and you must deal with it. There are things you can do and things you can't - like stopping him bringing an action.

                  Comment


                  • #10
                    Thank you so much for your replies DSLIPPY

                    I appreciate all your advice.

                    I will have to get a better Solicitor and Barrister next time (lol) for the Family Inheritance Court case that it seems is inevitable in the future.
                    Thank you so much

                    Comment


                    • #11
                      Why not take some action before your motherís death?

                      Go see a good solicitor and Iím sure there is something that can be done using trusts and property tenure.

                      obviously it would depend on your motherís cooperation.

                      Comment


                      • #12
                        I was just going to say the same! Although I know little about this area it would make sense for your mum to give you as much as she can prior to her passing. I agree with Chipchap - get some advice!

                        Comment


                        • #13
                          Get th reason for the reduction in your mothrs will.

                          Comment

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