Is there any way to contest this will?

Steph998

Hi all

Am posting on behalf of my sister. I had such help with my last thread on here I hope I can get some more good advice.

Sister is consulting a lawyer, and we are in Scotland.

My sisters father in law died recently, leaving his 88 year old widow and three surviving children; my sisters husband the eldest, a middle son, and a youngest daughter.

In 1980, the parents in law split their four bedroomed house into two flats - for the purpose of allowing their middle son and family to live in the lower property. (Middle son has a history of money problems and could no longer buy or rent a house.) We understand at the time there was no 'agreement' regarding care of either parent in their dotage. We also understand no rent was paid. This caused a few problems in the family, but my sister always thought it would be sorted out eventually.

Middle brother and family DO NOT provide care for the mother in any way. She is as bright as a button.

My sisters husband has MS which he was diagnosed with twenty year ago. His condition over the last five years has been recognized as being 'secondary progressive' ; which means that he will not recover or go into remission, and his condition can only deteriorate. In addition to affecting his physical capabilities to the point of total disability and reliance on carers, this condition has hugely affected his cognitive abilities. He has been unable to earn since 1996, and as his carer, my sister has had to refuse promotion, and reduce her working hours which has in turn affected any pension entitlement. Due to legislative changes they will soon be required to pay additional sums for the care that he requires. They also have a 16 year old son.

In other words, they are seriously struggling with money, and had been hoping to benefit from the estate eventually - as most children think they might do. Similar houses in the area go for about 400,000 and this house has been split into two properties, so not sure how this would affect the price but it would still have been a substantial amount when split three ways.

However, the father in law's will, made in 1999 states that he leaves everything to his wife, on the understanding that she continues to allow the middle son to live in the downstairs property, and on her death, the property will go the the middle son, with nothing at all left to the other siblings.

Sisters husband is only mentioned as being appointed as executor, which he cannot do due to his MS/cognitive abilities being so affected. He doesn't really understand what is going on and would be horrified probably at his parents actions if he did.

Mys sister has tried talking to the mother, but she is adamant her husband knew what he was doing, and she point blank refuses to discuss the situation. Middle son and family refuse to discuss it. Youngest daughter doesn't seem bothered!

Is there anything they can do?

smittenkitten

sorry to hear about your sisters husband with MS

it is very hard to contest wills in this country and from my own experience of a gold digger getting her hands on the family estate! (and and she had done it to a family before us.
Men and there stomachs she cooked his meals so he married it!!!! my mum worked so hard for 30 odd years for a gold digger to come along!!! anyway sorry you dont have much chance

the fathers will has been left to his wife
so she has the estate
she can write her own will and leave it to just one brother or the cat, milkman etc if she wanted to and was off sound mind when she wrote the will

would she not just split it if there are 4 flats can they not be given one each

I think they should adopt the spainish system wheres as they cannot write children out of a will and they must have 1/4 of the estate ( unless the child has tried to kill the parents!!!) funny how we are in the european union but have some crazy laws like this!!!

on the other hand and im sure your get a few comments on here saying you shouldnt expect inhertance but then you shouldnt expect a lottery win but it would be nice!!!!

Can you husband not ask his mum for help and explain the situation your family it going thorugh

bunny999

The will can be contested but it will take years and cost a fortune. A will where a man leaves everything to his wife is about as solid as it gets. The bit about everything then going to one son is a bit more dubious. Was the will made by a lawyer? If not it could be invalid - talk to a lawyer about it. Home made wills are often a complete mess.

poet123

You would assume that most parents would want to see an estate split fairly and equitably, so I am surprised that the mother cannot see it is unfair to the other siblings. Also, it seems that the father was aware of the MS as he died long after the diagnosis,all of which leads me to suspect that there was some animosity to the other kids (or their spouses)which has resulted in the will being drawn up in this manner. If the mother is of sound mind,and the other kids are not dependents,then I don't think there would be a case to contest the will(although scots law may be different?).

Could maybe the grandson have a quiet chat with granny and say how worried mum and dad are for the future/his future? this may go down better than a plea from a daughter in law. It is a big ask,and he may not be comfortable with the task,but it does not have to be worded to mention the house,just a general conversation about college/uni fees etc. It may cause her to reflect.

Failing that, I would ask the other sibling round for a chat and put my cards on the table re cost of care,etc and ask her to join forces to speak with the mother. Maybe she doesn't need the money,but she could help her brother by banding together with him.

The other thing which ocurs to me is that maybe the mother was a bit dominated by her husband and maybe feels she still cant go against his wishes. Does she realise she can change how she leaves her estate(unless it was written in a lifetime trust and then passes to the son).

Not a nice situation and one which needs to be handled with kid gloves.....money always brings out the worst in people.