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  • FIRST POST
    • Pinnypinpin
    • By Pinnypinpin 11th Mar 17, 9:01 AM
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    Pinnypinpin
    Can the will be contested
    • #1
    • 11th Mar 17, 9:01 AM
    Can the will be contested 11th Mar 17 at 9:01 AM
    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.
Page 1
    • GDB2222
    • By GDB2222 11th Mar 17, 9:12 AM
    • 14,179 Posts
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    GDB2222
    • #2
    • 11th Mar 17, 9:12 AM
    • #2
    • 11th Mar 17, 9:12 AM
    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
    • By Yorkshireman99 11th Mar 17, 10:00 AM
    • 3,378 Posts
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    Yorkshireman99
    • #3
    • 11th Mar 17, 10:00 AM
    • #3
    • 11th Mar 17, 10:00 AM
    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.
    Originally posted by Pinnypinpin
    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
    • By GDB2222 11th Mar 17, 10:09 AM
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    GDB2222
    • #4
    • 11th Mar 17, 10:09 AM
    • #4
    • 11th Mar 17, 10:09 AM
    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.
    Originally posted by Yorkshireman99
    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
    • By Pinnypinpin 11th Mar 17, 11:44 AM
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    Pinnypinpin
    • #5
    • 11th Mar 17, 11:44 AM
    • #5
    • 11th Mar 17, 11:44 AM
    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
    • By unforeseen 11th Mar 17, 11:45 AM
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    unforeseen
    • #6
    • 11th Mar 17, 11:45 AM
    • #6
    • 11th Mar 17, 11:45 AM
    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
    • By Pinnypinpin 11th Mar 17, 11:48 AM
    • 20 Posts
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    Pinnypinpin
    • #7
    • 11th Mar 17, 11:48 AM
    • #7
    • 11th Mar 17, 11:48 AM
    Thank you. Yes their father died in 1998.
    • FreeBear
    • By FreeBear 11th Mar 17, 12:27 PM
    • 1,394 Posts
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    FreeBear
    • #8
    • 11th Mar 17, 12:27 PM
    • #8
    • 11th Mar 17, 12:27 PM
    That's completely wrong, I'm afraid. In Ilott, the daughter was completely estranged from her mother and was not dependent.
    Originally posted by GDB2222
    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.
    Her courage will change the world.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
    • Browntoa
    • By Browntoa 11th Mar 17, 12:43 PM
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    Browntoa
    • #9
    • 11th Mar 17, 12:43 PM
    • #9
    • 11th Mar 17, 12:43 PM
    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
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop ,over 50's and Discount Code boards which means I volunteer to help get your forum questions answered and keep the forum runnning smoothly .However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to forumteam@moneysavingexpert.com Any views are mine and not the official line of MoneySavingExpert.
    • Yorkshireman99
    • By Yorkshireman99 11th Mar 17, 12:54 PM
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    Yorkshireman99
    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.
    Originally posted by GDB2222
    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?
    Last edited by Yorkshireman99; 11-03-2017 at 1:00 PM.
    • GDB2222
    • By GDB2222 11th Mar 17, 3:23 PM
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    GDB2222
    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.
    Originally posted by Pinnypinpin
    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.
    Last edited by GDB2222; 11-03-2017 at 3:27 PM.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • GDB2222
    • By GDB2222 11th Mar 17, 3:28 PM
    • 14,179 Posts
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    GDB2222
    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?
    Originally posted by Yorkshireman99
    I was just correcting your misstatement of the law, as it's a fairly common misconception.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • Yorkshireman99
    • By Yorkshireman99 11th Mar 17, 3:50 PM
    • 3,378 Posts
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    Yorkshireman99
    I was just correcting your misstatement of the law, as it's a fairly common misconception.
    Originally posted by GDB2222
    The misconception is yours! The circumstances in Ilott are very, very, unusual but lots of people have seized on it as a route to riches including some unscrupulous solicitors that have told clients they will win. The bottom line is we will have to wait for the ruling. Having watched the entire SC hearing the result is not clear. We don't have long to wait. The judgement will be streamed live from 945 on Wednesday 15th March.
    Last edited by Yorkshireman99; 11-03-2017 at 3:54 PM.
    • getmore4less
    • By getmore4less 11th Mar 17, 5:40 PM
    • 30,821 Posts
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    getmore4less
    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.
    Originally posted by Pinnypinpin
    Thank you. Yes their father died in 1998.
    Originally posted by Pinnypinpin
    Assumption.
    relative married man with previous family(grown up children)

    if she inherited significant assets from him then it is probably not surprising they are showing an interest.

    we often get threads here on how to protect assets for blood kids on second relationships.

    Typical solutions are things like life interests in a property.

    You have checked that all the assets are owned 100% by your relative.

    it may not be obvious on things like a house as the land reg entry only shows legal owner not the beneficial owners.

    you may need to go back to the previous estate.
    • Pinnypinpin
    • By Pinnypinpin 11th Mar 17, 7:43 PM
    • 20 Posts
    • 1 Thanks
    Pinnypinpin
    No, they weren't.
    • Pinnypinpin
    • By Pinnypinpin 11th Mar 17, 7:44 PM
    • 20 Posts
    • 1 Thanks
    Pinnypinpin
    Sorry, no they weren't treated as children or supported.
    • Pinnypinpin
    • By Pinnypinpin 11th Mar 17, 7:46 PM
    • 20 Posts
    • 1 Thanks
    Pinnypinpin
    Yes, land registry info was changed to show her name only after her husband died.
    • Browntoa
    • By Browntoa 11th Mar 17, 7:55 PM
    • 31,944 Posts
    • 37,677 Thanks
    Browntoa
    Friend of mine in similar story , step child started questioning step mum about father's will when she sold family house and moved to sheltered housing

    Property was registered as joint tenants so asset passed completely to her on his death and was registered in her sole name . His will was executed by a solicitor and completed soon afterwards .

    Step child wasted some time contacting the solicitor (and I assume some money ) looking for copies of his will etc . In the end it all went quiet when they realised there was no chance of challenge of the will and they risked losing money to no end
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop ,over 50's and Discount Code boards which means I volunteer to help get your forum questions answered and keep the forum runnning smoothly .However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to forumteam@moneysavingexpert.com Any views are mine and not the official line of MoneySavingExpert.
    • securityguy
    • By securityguy 11th Mar 17, 8:30 PM
    • 2,414 Posts
    • 3,679 Thanks
    securityguy
    We will find out the judgement soon, but the facts of Illot are very particular. For a start off, the charities to whom the money was left had no prior expectation, which is very, very different in cases involving disputes between siblings. In Illot, had there not been a will, the beneficiaries would have got nothing. In most disputed wills, the dispute is between people who had the estate been intestate would have been likely to have had a share, or been the child of someone who received a share (modulo, as we in computer science say, or up to, as mathematicians say, issues of remarriage).
    Last edited by securityguy; 12-03-2017 at 5:30 PM.
    • GDB2222
    • By GDB2222 11th Mar 17, 10:04 PM
    • 14,179 Posts
    • 76,278 Thanks
    GDB2222
    Sorry, no they weren't treated as children or supported.
    Originally posted by Pinnypinpin
    Then they cannot bring a case. Their financial position does not affect that.

    You can read the Act here
    http://www.legislation.gov.uk/ukpga/1975/63

    You only need to check Section 1(1) to confirm that they are not in the category of people who can make a claim.
    No reliance should be placed on the above! Absolutely none, do you hear?
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