Can the will be contested

Options
13

Comments

  • Savvy_Sue
    Savvy_Sue Posts: 46,030 Forumite
    Name Dropper First Post First Anniversary
    Options
    Mojisola wrote: »
    If much of your relative's estate came from their father and you were one of the step-children, would you feel that you should have been left something in the will?
    You might feel that you SHOULD have been left something in the will, but if you weren't, then you weren't.

    So I guess asking the question is OK, but doing more that that would be, IMO, impolite.
    Signature removed for peace of mind
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    Options
    Yes, land registry info was changed to show her name only after her husband died.

    you missed the point...

    How did they own the property and what did his will actually say.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
    Name Dropper First Post First Anniversary
    Options
    Savvy_Sue wrote: »
    You might feel that you SHOULD have been left something in the will, but if you weren't, then you weren't.

    There's nothing to stop the current beneficiary doing a DOV to share out the money.
  • Malthusian
    Malthusian Posts: 10,944 Forumite
    First Anniversary First Post Name Dropper Photogenic
    Options
    Mojisola wrote: »
    There's nothing to stop the current beneficiary doing a DOV to share out the money.

    But it's pretty clear from their posts that they don't want to. Nor do they have any reason to. Nor is there any reason to think that their benefactor/ess would have wanted them to. Is this meant to relate to the OP or is this a purely philosophical discussion?

    The answer to your question in #21 is no, unless I'm a grasper. If my father wanted me to inherit some money he would have left it to me, not his second wife who isn't my mother. Or if he wanted me to inherit some money but ensure his wife was provided for, to a trust with income to his second wife and capital to me on her death.

    "Would you feel that you should..." - you only had to insert the word "fair" in that question and you would have a classic mental energy black hole. I can sit here and come up with things I feel I should be entitled to all day long but if there is no corresponding entitlement in reality then all I am creating for myself is misery.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
    Name Dropper First Post First Anniversary
    Options
    Malthusian wrote: »
    But it's pretty clear from their posts that they don't want to. Nor do they have any reason to. Nor is there any reason to think that their benefactor/ess would have wanted them to. Is this meant to relate to the OP or is this a purely philosophical discussion?

    Either/both. The step-children might be in a healthy economic situation and Pinny may be struggling - maybe that's why the deceased changed the will to cut out the other people. Or maybe they've been horrible in the recent years or just drifted apart.

    The answer to your question in #21 is no, unless I'm a grasper. If my father wanted me to inherit some money he would have left it to me, not his second wife who isn't my mother. Or if he wanted me to inherit some money but ensure his wife was provided for, to a trust with income to his second wife and capital to me on her death.

    In an ideal world, maybe, but it's quite common for someone to believe that their spouse will treat all the children fairly and so leave the entire estate to the spouse, trusting them to do the right thing in their will.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    Options
    The OP is yet to confirm that the deceased was the sole beneficial owner of the property.
  • Savvy_Sue
    Savvy_Sue Posts: 46,030 Forumite
    Name Dropper First Post First Anniversary
    Options
    Mojisola wrote: »
    In an ideal world, maybe, but it's quite common for someone to believe that their spouse will treat all the children fairly and so leave the entire estate to the spouse, trusting them to do the right thing in their will.
    Indeed, but I think on this board we can be quite blunt about what happens in the real world.

    We used to joke with Mum about running off with a toy boy after Dad died. If she'd done so, I'd have expected nothing after her death.
    Signature removed for peace of mind
  • Pinnypinpin
    Options
    The OP is yet to confirm that the deceased was the sole beneficial owner of the property.

    Yes, they were.
  • Pinnypinpin
    Options
    :beer:
    Malthusian wrote: »
    But it's pretty clear from their posts that they don't want to. Nor do they have any reason to. Nor is there any reason to think that their benefactor/ess would have wanted them to. Is this meant to relate to the OP or is this a purely philosophical discussion?

    The answer to your question in #21 is no, unless I'm a grasper. If my father wanted me to inherit some money he would have left it to me, not his second wife who isn't my mother. Or if he wanted me to inherit some money but ensure his wife was provided for, to a trust with income to his second wife and capital to me on her death.

    "Would you feel that you should..." - you only had to insert the word "fair" in that question and you would have a classic mental energy black hole. I can sit here and come up with things I feel I should be entitled to all day long but if there is no corresponding entitlement in reality then all I am creating for myself is misery.

    I discovered the deceased had crossed out the names and addresses of her husbands son and daughter in her address book.
  • GDB2222
    GDB2222 Posts: 24,673 Forumite
    Name Dropper First Post First Anniversary
    edited 14 March 2017 at 9:54AM
    Options
    :beer:

    I discovered the deceased had crossed out the names and addresses of her husbands son and daughter in her address book.

    I imagine that things were a bit strained, once the children learned that dad's money was going to you rather than them.

    Dad really should have sorted that out in his will. That way, the deceased might have retained a relationship with her stepchildren. The way things are, you are a winner, but everyone else including the deceased has lost.

    Please don't take that as any criticism of you or the deceased. It's not possible for the stepchildren to claim against the deceased' will. The will they should have claimed against, if any, was their dad's.
    No reliance should be placed on the above! Absolutely none, do you hear?
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 248K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards