Chances of challenging a will

[Asherd]

Hi all newbie here..hoping someone can give me some advise or at least give my mind a rest.

So basically my grandad passed away last month and he’s left his house to me viable the last will in-testament.

The new will was written around two years ago, which was the last will in-testament, however an auntie that was married into the family has a previous will that was written years before when my blood uncle was still alive, so if anything happened to my uncle it was going to be left to her, but the new will states that the whole house is to be left to me. My half brother was left out of the last will in-testament altogether and these two have now come along and said they want something from my grandads will. Have either of these two got a leg to stand on if they testify? I don’t want to loose the family home or have to sell it to give them money.

[des8]

Haven't really got enough detail to be able to guess which way it would go if they made a claim under the Inheritance (Provision for Family and Dependants) Act 1975

The uncle who passed away was presumably a son of your Grandfather and your half brother is not descended from him?
Were either or both of them dependant upon him?
Had either of them looked after him in the expectation of a legacy from him?
What other assets are in the estate and have they been left to someone else?

However if they do make a claim you would probably be advised by a solicitor to try and negotiate a settlement as contentious litigation can be very expensive and use up a lot of the estate.
You might need to instruct a solicitor specialising in contentious litigation

[Ames1]

If the new will is valid, then the previous will that your aunt has is invalid. It sounds to me that they are trying to scare you and in my opinion- ignore their requests for something! Your grandfather wanted you to inherit his house- not them!!!! Don’t talk with a solicitor unless absolutely necessary- meaning if they end up sending you solicitor’s letters- you would need to seek legal advice. However, at this moment- they are both trying to put pressure on you. Yes, they could put in a claim under the inheritance act- but they have to consider were the financially dependent on your grandfather, did they live with him within the last two years etc etc.

[Ames1]

*were they

[Asherd]

Thanks for the replies guys.yes my uncle was my grandads son.my half brother is his grandad son but no body sees anything of him unless it’s birthdays or Christmas.He lives by himself in a flat.The auntie as her own mortgaged property and a well established business.she only ever popped up every other week or so to drop him some milk off.I do know though that her and my uncle where registered to my grandads doctors as they felt that doctors was better than the ones local to wheee my uncle and auntie lived so there’s mail going to my grandads for her from obvs the doctors.The remainder of the estate is left to my mum which includes what’s left in the house and around 4K of cash left over once everything else is paid off.I can’t see why the will won’t be valid as it was written up at a solicitors.He was in sound mind and that was discussed in a private room with 2 solicitors as witness.My mums the executor of the will so she’s started the paper work to start probate

[des8]

OK, so the will is valid and the two looking for a legacy are financially independent and not dependant on your Grandfather.

That won't necessarily stop them raising a claim under the Inheritance Act, which they can do up to 6 months after the grant of probate.
Lodging a claim doesn't mean they will be successful, but the cost of defending it can eat up any legacy, so you will need to receive specialist advice if a claim is made.