Contesting a will

Chevvy

This is my first posting here and I am sorry if this is the wrong forum for this one but I am sure if it is incorrect that someone will point me in the right direction.

Problem is a lady is dying, she has two daughters who dearly love her but live on the other side of the world. Her will, (we are told), is to leave everything to her carer who is not family and is only caring for her because she is paid to do so. What is the chance of a successful challenge to this will? I am aware that it cannot be challenged until she dies.

Chev

jonesMUFCforever

Who would be doing the challenging?
How do you know that she has made a will in favour of her carer?

If she was of sound mind when she made the will there is no reason why she cannot leave her estate to whoever she wants.
Her kids if they live on the other side of the world can hardly claim that they need her money can they?

97trophy

Chevvy wrote: »

T What is the chance of a successful challenge to this will? I am aware that it cannot be challenged until she dies.

IMO the daughters may have a case here. They need a good solicitor now, don't wait. This is too technical for this forum.

BodyShopBabe_2

I used to work in a Wills and Probate department.

As long as the lady is of sound mind and have not been forced under duress when she signed the Will then she can leave her estate to whoever she likes.

My great aunt left everything she owned (£500k plus) to a jockey club!

dzug1

It would be different if the daughters were dependent on her - they are not, so I don't see what possible claim they could have.

soolin

A colleaugues aunt who was very ill saw a solicitor as she wanted to leave all her money to a distant relative rather than to her children, she had read somewhere that if she left 5p to each child with her reasons that would mean her will could not be contested (someone told her that it showed you hadn't just forgotten to include the children). The solicitor assured her that there was no reason even to do that, as long as she was of sound mind (which she was) it was her money to leave, he did suggest though that a personal letter could be left to each child explaining why she had made that decision so that they had some sense of closure. The solicitor kept the letters (and had a copy as the aunt felt happier that way) and after she died they were passed on to the children.

Two of the three children took legal advice about contesting the will, but were advised they would be wasting their money, so a distant cousin inherited everything.

dzug1

Just a thought - the old lady isn't in Scotland, is she? (I notice you are near the border). The law is different there

localhero

Provided the carer was careful not to be present or involved in the drawing up of the Will - and as others have said the lady was of sound mind - then the daughters are very likely to be unsuccessful if they were to challenge the Will.

Chevvy

localhero wrote: »

Provided the carer was careful not to be present or involved in the drawing up of the Will - and as others have said the lady was of sound mind - then the daughters are very likely to be unsuccessful if they were to challenge the Will.

Thank you for all the help but there is one thing that I need to point out. The carer is also the only executor of the will.

Chevvy

localhero

It is not unusual for the main beneficiary to be the executor of the Will, so that in itself doesn't change things.

soolin

Being an executor of a will and the benificiary is not unusual. The only thing you can't do is witness a will if you are a benificiary.