shoud i challange my grandfathers will

[Deleted User]

My grand father whom has been in a nursing home for the last several years with dementia dies yesterday. My grandfather had 1 daughter and 2 sons.

As much as I miss him because I was the closest grandchild to him in the past, I am also happy he’s at rest and not rotting away in a hospital bed.

He always had good morals and would help anyone in any way he could and he did not deserve what happened to him.

Before he mind went he wanted to sign his house over to me, we tried to go to a lawyer but they couldn’t find the house deeds. His daughter (my aunty aunty) wasn’t too happy when she found out about this.

We exchanged a few emails where she wanted it only “temporarily in my name” to stop the council from taking the value of it to pay for his possible foreseeable nursing care. It was also mentioned that I would get a share upon selling it and giving them there rightful inheritance!

I have witness’s who knew he wanted to give me the house and keep it in the family name. And the fact that we started the transfer proceedings years ago should count for something ?

After a few more months this had all been forgotten about, the family took him to a solicitor to make a will and have everything shared between his 3 siblings.

A short while after he had been to the solicitor where my father (1 of his sons) was given full power of attorney started doing strange things and went to a local nursing home to be looked after. It got the point he didn’t even know who I was despite us being quite close.

I feel he would have wanted to help me and my pregnant wife; he would have still wanted me to have the house.

Am I wrong?
Should I let sleeping dogs lie?
Should I fight for what he wanted before he was dragged to the solicitor to make a will?


I am not entirely on good relations with my uncle and aunty, I just risk upsetting my dad who used to not care about what happened to the house but has since changed his mind to “its his inheriantance and he’s entitled to it”

I’m sorry for the long post but I need to figure this out.

sporedude

If its in the will it was to be shared between the 3 siblings then nothing can be done, You'll probably cause alot of upset if you where to try and challenge the will.

bookworm1363

All you have is a lot of hearsay and things which happened before he wrote his will and you have nothing to show that he was coerced into writing his will the way he did, in other words you don't have a leg to stand on. For all anyone knows, you could have fallen out with him between the time where he wanted you to have the house and the time he wrote the will (I'm not saying it happened, I'm giving you an example) and he would then not have wanted you to have the house after all. Do you see what I'm driving at?

You may "feel" that he still wanted you to have the house, but the fact is that he didn't and that you all you stand to get here is a huge amount of legal expenses for nothing and creating a massive family rift. If he had died without a will, you wouldn't get the house and his will is as fair as can be, dividing the assets between direct siblings, so my advice would be to let it go and not let it fester: the reality is you were never entitled to it, you have not been deprived of anything in law (or morally frankly, as it is quite reasonable that his sons and daughters should inherit rather than the one grandchild) and you'd be ill advised to cause a rift with your family, you never know when you will need them in the future.

[Deleted User]

You are both right, thank you

I will follow your advice.

mvteng

Sky,

If you live in Scotland, you have a legal entitlement, no matter what the will says.

If you do live in Scotland, do a bit of digging. The siblings will get the lions share, but as you go down the family tree, you can claim a certain percentage.

Sorry to hear about the death of your grandfather.

[Deleted User]

yes im in scotland

Valli

Just out of interest, for this to apply, wouldn't the deceased have had to have lived in Scotland?

LinasPilibaitisisbatman

Correct

Apart from anything most of the stuff claimed is a sign of the grandfathers disease (i.e forgetting people, needing help etc)

Tbh sounds like pure greed.

pinkshoes

How do you know he hadn't said this to any of the other grandchildren, and promised them the house?

Personally I would let it go, and have the house split 3 ways between his 3 children. I'm sure it's what your Grandad would have wanted, and not his family fighting over his money.

[Deleted User]

Thanks every one

What i dont understand is, Im not in his will

I was the closest grandchild, visited offten, hellped him, went to woek with him (self emplyed gardner), did things for him as he got older.... more than his own children did for him (my dad, aunty and uncle)

I didnt do all that for anything in return, but its like he just forgot about me and I know he would have helped me out

I guess ill never know

LinasPilibaitisisbatman

sky190176 wrote: »

Thanks every one

What i dont understand is, Im not in his will

I was the closest grandchild, visited offten, hellped him, went to woek with him (self emplyed gardner), did things for him as he got older.... more than his own children did for him (my dad, aunty and uncle)

I didnt do all that for anything in return, but its like he just forgot about me and I know he would have helped me out

I guess ill never know

They were his children. he probably thought it fairer to pass it on equally and let them distribute it to any children etc than show preference to certain family members.