Challenging a Will

Bossyboots

It would be useful to establish the ages of the children involved.

polybear

Thanks for the replies so far. The two children are around 40 years of age and not dependent upon their parents. So far as I know the cash assets/shares etc. will go into trust until my aunt dies. I'm assuming that my aunt will receive some income from the trust (effectively interest?) but I would imagine that the trustees (a) have to invest the money very carefully (i.e. no great financial gains because "safe" investments don't usually provide this) and (b) have to maintain the value of the trust fund with respect to inflation BEFORE giving any excess "interest" to my aunt.

Polybear.

Mrs_Optimist

I can't see any problem here - surely your cousins will ensure that their mother is adequately looked after with the money they have inherited? I can't imagine (unless there has been a family rift) why the children wouldn't help their mother. I can see why your Uncle drew up the Will the way he did - maybe there was history relating to your Aunt that made your Uncle think that she may well remarry and risk losing his childrens inheritance to a second husband?

I certainly would speak to the children first before spending out any money on probably necessary legal costs. I wouldn't see either of my parents go without under those circumstances (or in fact any circumstances)

Bossyboots

Mrs_Optimist wrote:

I can't see any problem here - surely your cousins will ensure that their mother is adequately looked after with the money they have inherited? I can't imagine (unless there has been a family rift) why the children wouldn't help their mother. I can see why your Uncle drew up the Will the way he did - maybe there was history relating to your Aunt that made your Uncle think that she may well remarry and risk losing his childrens inheritance to a second husband?

I certainly would speak to the children first before spending out any money on probably necessary legal costs. I wouldn't see either of my parents go without under those circumstances (or in fact any circumstances)

You are well suited to your name (sadly as am I).

Unfortunately, there is nothing more guaranteed to make families fall out than wills and money. I agree with you that the children SHOULD ensure their mother is okay and I sincerely hope that turns out to be the case and all this worrying is unncessary.

Lillibet_2

Bossyboots wrote:

Unfortunately, there is nothing more guaranteed to make families fall out than wills and money. I agree with you that the children SHOULD ensure their mother is okay and I sincerely hope that turns out to be the case and all this worrying is unncessary.

Based on expereince, sadly I agree. Unfortunaltey it is often a lose-lose situation. We have both been in the damed if we do & damend if we don't situation & it is thoroughly horrid. We both went with the damed if we do option basedon the logic that we might as well get something aqs opposed ot nothing for our troubles (as indeed we did) but we both agree that next time we just won't. It isn't worth it.

devils_advocate

From the facts on here so far:

Your aunt wants your uncle's last wishes overturned, because it doesn't suit her. You seem to share the same view (especially your comment that she'd also like to revoke the £1k bequest to "another woman")

Your aunt has the use of a house fro the rest of her days but wants someone else to pay for the maintenance and the insurance of it, as she doesn't seem to want to do this herself.

Your aunt gets the usual entitlement to state pension, and will get half the pension your uncle got (This is quite usual, that when the person who was entitled to the pension in their own right dies, the surviving spouse will get half or a third of what was being paid before. These are the rules of the pension, and there's nothing your uncle could have done about it.)

Your aunt doesn't want her children to have money, but wants it herself.

My opinion:

It sounds like your aunt is a selfish person who wants everything for herself. If your uncle wanted to give her half of the money he earned, why didn't he put it in joint names? Would it be that she'd squander it and ther'd be nothing to leave to the kids?

Your aunt doesn't have to pay maintenance or insurance on the house if she doesn't want. If their kids want to do this to protect the value of their residual investment, I'm sure they can. On the basis that there's only her, on over half the income she and your uncle got, she shouldn't have to suffer a decline in living standards.

So why bother to challenge the will? Is it because she wants to be in control, and not let your uncle do what he wanted?

gingercordial

Variation of a will (ie having it altered in an amicable fashion, rather than challenging it) can only be done with the agreement of all beneficiaries even if the variation does not concern their share of the inheritance. This means everyone named, ie the aunt, the children, and the other woman, also any others eg if he has left £100 to Battersea Dogs Home they will have to agree the variation too.

Does your aunt really want to ask the other woman for her permission to do this??

Fairwinds

So what value would you put on the house - still thinking inheritance tax has to come into play somewhere?

polybear

Thanks for the useful replies - people reading this thread will know which ones they are. As for the deliberately inflammatory ones - they couldn't be more wrong if they tried.

POLYBEAR

margaretclare

You could look at this another way.

The house is left in trust to the (adult) children therefore Aunt doesn't own it. Same with the bulk of deceased Uncle's investments. She has state pension plus half of his pension. She has a roof over her head for as long as she wants/needs it BUT there can be no question of 'house being grabbed to pay for her care' or 'her money (i.e. inheritance from Uncle) being grabbed to pay for her care should she need it'. These two last points are of major concern to many older people and their offspring - 'how can I avoid IHT and/or how can I ensure the house comes to me instead of being sold to pay for Aunt's care?'

It sounds to me that this has been carefully-thought out to avoid those possible worries and that Uncle has done what he thought best for Aunt. She has enough to live on, hasn't she? Pity he didn't discuss it with her beforehand.

I wouldn't worry too much about £1K left to 'another woman'. It's not necessary to put the worst possible construction on this - it could be anyone, a former colleague, someone who had been kind to him in the past.

Best wishes

Margaret Clare