Can the will be contested

Pinnypinpin
Pinnypinpin Posts: 26 Forumite
in Deaths, funerals & probate
I am executor and sole beneficiary. Probate has been granted. My relative's step family have been asking where they stand and I've told them but they've now asked to see a copy. I've given them the link to download as it's now in the public domain. The will was made in 2014 and if I had died then everything was to go to another blood relative and not the step family but I believe earlier wills were substantially more generous with them. They are making me nervous and upset and have had no concern over how I am feeling emotionally having lost my closest relative and best friend.
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Comments

  • GDB2222
    GDB2222 Posts: 24,598 Forumite
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    They have six months from probate to contest the will. Is that now past?

    Whether they can succeed is another matter. You have given no useful details to answer that. Take a look at this link
    https://www.wrighthassall.co.uk/knowledge/legal-articles/2013/04/01/inheritance-rights-adult-children/
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Pinnypinpin wrote: »
    I am executor and sole beneficiary. Probate has been granted. My relative's step family have been asking where they stand and I've told them but they've now asked to see a copy. I've given them the link to download as it's now in the public domain. The will was made in 2014 and if I had died then everything was to go to another blood relative and not the step family but I believe earlier wills were substantially more generous with them. They are making me nervous and upset and have had no concern over how I am feeling emotionally having lost my closest relative and best friend.
    Unless they can prove they were financially dependent they have little chance of winning. Just sit tight and ignore them. If they go to a solicitor then let them contact you. Give them no help or answers.
  • GDB2222
    GDB2222 Posts: 24,598 Forumite
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    Yorkshireman99 wrote: »
    Unless they can prove they were financially dependent they have little chance of winning. Just sit tight and ignore them. If they go to a solicitor then let them contact you. Give them no help or answers.

    That's completely wrong, I'm afraid. In Ilott, the daughter was completely estranged from her mother and was not dependent. That case is in the Supreme Court right now, to determine how much the daughter should get. It's accepted by all parties that she's entitled.

    It's all detailed in the link I posted.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Pinnypinpin
    Pinnypinpin Posts: 26 Forumite
    No, only a couple of weeks past probate.
    They are the deceased step children, but the same age as the deceased and have ever lived with her.
  • unforeseen
    unforeseen Posts: 7,278 Forumite
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    However the time for that challenge to be made in this case was when the relative's spouse died as they are in the blood line.

    The step family have no relation to the relative apart from being related to his/her deceased spouse.
  • Pinnypinpin
    Pinnypinpin Posts: 26 Forumite
    Thank you. Yes their father died in 1998.
  • FreeBear
    FreeBear Posts: 14,584 Forumite
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    GDB2222 wrote: »
    That's completely wrong, I'm afraid. In Ilott, the daughter was completely estranged from her mother and was not dependent.

    Three things in Ilott's favour -
    1. She was a direct descendant and only child.
    2. There were no other dependents who could make a claim.
    3. Her case was very generously funded by a pro-bono legal team.
    The step family would have a major struggle to build a case to take to trial and will need substantial funds behind them.

    The supreme court judgement is due on the 15th March, and hopefully the judges will put the whole sordid affair to bed once and for all.
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  • Browntoa
    Browntoa Posts: 49,298 Forumite
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    Property is probably outside the fathers will normally , on his death it passes to his wife if they were both named on the land registry as joint tenants . His assets at the time would then just consist of any savings or life insurance etc .

    Inheritance only goes to blood relatives unless a valid will says otherwise but it appears in this case that does not exist
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  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 11 March 2017 at 2:00PM
    GDB2222 wrote: »
    That's completely wrong, I'm afraid. In Ilott, the daughter was completely estranged from her mother and was not dependent. That case is in the Supreme Court right now, to determine how much the daughter should get. It's accepted by all parties that she's entitled.

    It's all detailed in the link I posted.
    On the contrary the circumstances in Ilott are very unusual and have little relevance to most estates. In any case Ilott is still awaiting a decision by the Supreme Court so until that is announced nobody is going to launch an appeal on the point. To suggest the parties inIlott are agreed is nonsense. Why would there be an appeal if they were?
  • GDB2222
    GDB2222 Posts: 24,598 Forumite
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    edited 11 March 2017 at 4:27PM
    Pinnypinpin wrote: »
    No, only a couple of weeks past probate.
    They are the deceased step children, but the same age as the deceased and have ever lived with her.

    Were any of them treated by the deceased as a child of the family? Or maintained by the deceased?

    Given the ages, I assume the answer is no, in which case they don't fit into the categories of people who can apply for an order.
    No reliance should be placed on the above! Absolutely none, do you hear?
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