Anticipated Will dispute

[Pantodame]

Hello.

I am hoping for guidance in anticipation of a dispute over a Will.

Hello.


I am hoping for guidance in anticipation of a dispute over a Will.


There are many facets to the story but in brief my parents died within 2 years of each other.

My father told us they had both made wills leaving everything to be shared equally between the siblings. He the subsequently died and as far as I can ascertain no probate has been applied for.

My Mother died last year and I was never told by my siblings. I found out through a Facebook friend on the other side of the world.

I have never had a disagreement with my siblings or my mother although I did have a falling out with my father because he wanted me to do something I disagreed with. He was always controlling and intimidating throughout our lives. My relationship with my mother was always good and we shared a love of reading and books. She read a lot as she couldn’t go out alone and relied totally on others . She would sit in a chair most of the day reading.

However I have now heard through a third party that one of my siblings was in conversation with another and when asked about the Will one was heard to say oh don’t worry, X won’t get anything, I’ve seen to that.

I suspect that my mother has been taken to a Solicitor to make another Will which excludes me and it is quite possible one of my siblings. It seems the others are colliding or have colluded into coercing my mother to write a new Will leaving me out.

You hear about these stories in the press and wonder how families can be so selfish and cruel but here we are. Whilst I believe it only right we should all be treated equally what hurts most is not being included or acknowledged as a child by my mother if what I suspect to be true. The family home hasn’t as yet gone on the market and I don’t know if an application for probate has been applied for but I feel I need to do something as I cannot believe after all these years my mother would be vindictive, she wasn’t like that.


Any thoughts appreciated before deciding on legal action.

[echat11]

Hi Pantodame

Welcome to LB

Sorry for your loss.

Even if there is a will, you have rights to contest the will providing it isn't a case that you've been left 'out' of it.

I would speak to a solicitor who specializes in contesting wills, so that they are ready to help if you've been left out.

During Probate your existence has to be 'declared', they can't just ignore you. But also make enquiries with your siblings, send Recorded Delivery letters.

There's a good overview here (posted for info only) - https://www.legalandgeneral.com/insu...esting-a-will/

[Pezza54]

Hi
Welcome to LB
Very sorry to read about your close family problem following the sad passing of your kind mother. I really hope she wasn't enticed into changing her will
You can carry out an online search of the probate registry for a will
Please visit the website www.gov.uk/search-will-probate.
If you find the will you can order a copy for £1.50
If you can't find it you can set up a standing search for 6 months using form PA1S. The cost is £3. After 6 months the standing search can be extended
If you want to contest the will you must do so within 6 months from the date probate was granted

[Pantodame]

Thank you ECHAT11, my suspicions are that a Will has been changed in favour of other siblings who are keeping very close and secretive. When I called my mother on the phone I sensed she could not talk freely, one word answers for example. She wasn’t a vindictive person so I don’t believe she would have excluded me without good reason, and there isn’t one as far as I am aware. I do intend asking for further details and contest the Will if it proves my suspicions are right. I know if I write and ask for information it will be met with hostility even though we haven’t had cross words. It’s as if they have fabricated a situation to justify their behaviour. I also suspect they have besmirched my good name and persuaded my mother to amend her will. I am also considering entering a caveat .

Thank you PEZZA54 , as you say she may well have been enticed into changing her Will. I am in my 60’s and for years never had a problem, no disagreements , no criminality, no trouble at school I have worked hard all my life to provide for my family and have been nothing but generous with everyone. My mother was controlled by my father and later by my siblings. They were aware of everyone my mother spoke to or even wrote to as the telephone was out of her reach and Mail screened. I have sent her birthday gifts with letters but I never found out if she received them. Knowing her as I did there would be no reason for her to exclude me and of course I don’t know for sure yet, but I am not likely to find out until the Will goes through probate. I would like to be prepared.