We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
contesting a will
valspooky
Posts: 2 Newbie
My uncle died 2 weeks ago and has left a will saying his estate is to be split between his stepson and one of his nephews, one of my aunts has said she is going to contest the will as he had 5 nephews and niece's (who are all adults not children) and that it isnt fair that only the one nephew is to get any money none of us agree with her as the nephew involved did alot for him while he was alive can anyone advise as to weather she can do this or if she has a chance of having the will over ruled. thanks
0
Comments
-
One of the first things would be to establish on what grounds your aunt would be contesting the will. Was your uncle elderly or suffering from dimentia or confusion when the will was made? if so, she could possibly contest on the grounds that he was not in his right mind. I don't think she can contest simply on the grounds that the will was unfair since the person making it is perfectly entitled to leave their money to whoever they wish, even if the parties not benefitting feel that is unfair. If your uncle was of sound mind when the will was made, and it was correctly dated and witnessed (with neither of the beneficiaries being a witness) I don't think your aunt has much of a case. If she contested the will and lost, she would probably have to meet the costs of doing so, which would not be cheap. I assume your aunt is upset that some of her own children have not benefitted but your uncle obviously had his reasons. She would have to stop probate being granted if the will is going to be contested. I don't know who the Executor of the Will is, but if it is not a solicitor I would suggest that the individual/s seek legal advice quickly so they understand what they may be up against.0
-
Hi Valspooky,
Primrose is right. Provided the Will was validly executed and none of the nieces and nephews were financially dependent on your uncle, then your aunt is wasting her time.
There are strict rules as to who is entitled to challenge a Will, and nieces and nephews are not among the class of family members automatically entitled to challenge a Will.[FONT="]Public wealth warning![/FONT][FONT="] It's not compulsory for solicitors or Willwriters to pass an exam in writing Wills - probably the most important thing you’ll ever sign.[/FONT]
[FONT="]Membership of the Institute of Professional Willwriters is acquired by passing an entrance exam and complying with an OFT endorsed code of practice, and I declare myself a member.[/FONT]0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.8K Banking & Borrowing
- 254.5K Reduce Debt & Boost Income
- 455.6K Spending & Discounts
- 247.6K Work, Benefits & Business
- 604.5K Mortgages, Homes & Bills
- 178.6K Life & Family
- 262.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards