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Children left out of a Will.

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  • Children left out of a Will.

    I have read posts on here and came across a comment made on another thread where a child left out of a Will has more chance of a claim than if a child had been mentioned and left something.

    Our situation is similar in that my `sister and myself were not mentioned. There has not been a fall out and we were not estranged from deceased our mother in any way but the executors( siblings) are not providing any detail. We have asked questions but have been directed to a Solicitor who is dealing with the Probate. We have found out the same Solicitor wrote the Will.

    We have discovered the drafting and signing of the Will was done very quickly after our Fathers death, within 4 to 6 weeks in favour of our siblings with no reference to us

    Would you say that might be grounds for a claim? Yes, we know we can appoint a specialist but I would at least like to learn somethings for myself first, if possible.
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  • #2
    Were you in any way dependent on your parents at the time of their deaths?

    Or is the question whether there has been undue influence in the preparation of your mother's will?

    I should say that I do not agree with the comment referred to in your first paragraph.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

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    • #3
      Originally posted by atticus View Post
      Were you in any way dependent on your parents at the time of their deaths?

      Or is the question whether there has been undue influence in the preparation of your mother's will?

      I should say that I do not agree with the comment referred to in your first paragraph.
      No, we were not dependent in any way. Undue influence, yes, we strongly believe that. There have been occasions where she was controlled and relied heavily on others for support. The revelation came as a shock and so we asked on what basis had we been left out, there has been no reply, other than to redirect us to the Solicitor. It’s the timing which is questionable, she wasn’t in good health, recently bereaved and had no means to make her own travel arrangements. She was taken to the Solicitors and a Will drafted but not executed until a little time later. There are other examples but we are at a loss as to why. We have asked the Solicitor for more details but no response as yet.

      We do plan to seek further advice but there are good reasons that hasn’t happened just yet so I am trying to learn more for now.

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