Is contesting a will something that can be done?

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  • getmore4less
    getmore4less Posts: 46,882
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    bendix wrote: »
    There is no universal right for children to be considered in any will, written or implied. If I have kids and choose instead to pass my vast fortunes to a monkey sanctuary in Cambodia, there isn't a damn thing my kids could do about it.

    Universal is too wide a statement.

    In some countries including Scotland children have legal rights to parts of the estate.

    And in england there are provisions for childred to make claims in some cases.
  • bendix
    bendix Posts: 5,499 Forumite
    Universal is too wide a statement.

    In some countries including Scotland children have legal rights to parts of the estate.

    And in england there are provisions for childred to make claims in some cases.


    Fine. So define 'children' in this instance. It certainly isn't the OP. Her father - in sound mind presumably - made a will handing over his estate to his wife. In so doing he actively precluded his children from the estate, intentionally or not.

    In this case, 'children' is much more likely to apply to the second wife's children, not the OP.

    I work for a law firm and based on the facts as the OP has stated them, she has on legal claim on the estate as things currently stand.

    ALL of the estate is now entirely at the discretion of her father's widow.
  • Mojisola
    Mojisola Posts: 35,551
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    The original post was made in 2008. I wonder how things have worked out?
  • a very close friend of mine father passed away in 2005 and he was notified of this at the time. he has since found out and has a copy of the death certificate which says his death was registered by someone who is a distant nephew and he has since found out that his fathers estate was dealt with by his uncle who claimed there were no living relitives he is very upset by this as he is an only son how does he find out the details of the will and then contest it
    thank you
  • Yorkie1
    Yorkie1 Posts: 11,537
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    http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/probate/copies-of-grants-wills.htm gives quite a lot of detail of what information you can find out and how.

    You need to find out whether a valid will was left and, if so, what its terms were. If one wasn't, then the rules on intestacy will apply to the distribution of the estate.

    You'll probably need a solicitor to advise on what enquiries should have been made before the estate was distributed, how to find out whether they were carried out, and whether the executor lied in any documents submitted as part of the administration of the estate.
  • System
    System Posts: 178,077
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    This area of family planning is definitely worth reading up on,




    family planning ? :)
  • Enjoyed reading the great help from these threads. I'd appreciate any help on this question I have:
    My Mum married a UK citizen (second marriage for both) which lasted 11 years. He has passed away recently and left everything in his will to his children. His children are claiming even the good, chattels, car etc.
    Does my mother, as his wife of the past 11 years have any rights? If she were to contest the will, how likely is it that she would she be successful?
  • atush
    atush Posts: 18,719
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    Was the will made before or after the marriage? Is the house etc, in both their names or just the deceased's name?
  • xylophone
    xylophone Posts: 44,139
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    I am assuming that the will was made after marriage to your mother (if not see http://solicitors.contactlaw.co.uk/family-law/does-marriage-invalidate-an-earlier-will-99319.html) - it is not unreasonable for your stepfather to have wanted his children to inherit his personal property.
    Are you saying that "inadequate provision" was made for your mother or that the heirs are laying claim to jointly owned property?
    If so, she may have a case but will need expert legal advice.
    http://www.actaps.com/
    http://www.makeawill.co.uk/contesting-a-will.htm
  • atush
    atush Posts: 18,719
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    It sounds to me like 'inadequate provision' from the post with the Q, but can't tell w/o further info.
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