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My mother's Will: Advice/Views Please:

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  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Before visiting solicitors and enquiring about contesting the will it might be better to speak with the main beneficiary and see how she feels first..

    Unfortunately, unless the will was in fact superceded by a more recent will, which can be found, there are no grounds for contesting the will in this case. The only grounds for contesting a will is where a dependent, who was financially provided for by the deceased, is left unprovided for in the will. But the beneficiaries of this will, although offspring, do not appear to be dependents.

    Of course, I wouldn't expect (or want) OP to take my word for that, and a short interview with a solicitor might at least put her mind at rest on this point.

    I agree with the others - I would hope that your sister accepts that the reason for the unequal distribution no longer exists, and agrees to divide the estate equally. But, as has been said, sadly the scent of money does funny things to some people.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker

    I agree with the others - I would hope that your sister accepts that the reason for the unequal distribution no longer exists, and agrees to divide the estate equally. But, as has been said, sadly the scent of money does funny things to some people.

    She doesn't have to agree an equal distribution - she has the option of one that still favours her but allows the others a bit more than they are currently receiving.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    dzug1 wrote: »
    She doesn't have to agree an equal distribution - she has the option of one that still favours her but allows the others a bit more than they are currently receiving.

    Yes, you are right, of course. She doesn't have to agree to anything. She has the option of accepting her share as set out in the will, or choosing to redress the balance. She hold all the cards.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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