Contesting a Will

davjan

I'd really appreciate any advice from the forum. My mother died a number of years ago, father remarried shortly afterwards, despite many warnings from both relatives and work colleagues about the woman. Through her insane jealousy she has caused many problems over the years between father and relatives/friends, gradually driving most of them out of his life, even his grandchildren. He went along with it all, as she was his wife, and she would literally go hysterical, screaming and crying, if he did anything that she considered was "against her" (like maybe seeing his own family) My parents owned their own house - when mother died, father had sole ownership. New wife moved in, has contributed nothing, either financially or physically, to the house - not even cleaning or cooking - and all her earnings went into her own bank account. A number of years ago, I received a letter from him, totally out of the blue, accusing my wife and me of basically neglecting them (bearing in mind that the previous weekend we had run around with, and for, them, to save him driving and had totally re-arranged our weekend to accomodate them) - we replied saying how unfair this was, and we received an apology. This was not the first time we'd received letters or phone calls like this, but we'd always let things go on the previous occasions. Things were never the same after this, and we became totally estranged until he was taken ill, although I did go to the hospital and we were reconciled, which absolutely thrilled him, and, apparently, gave him total peace of mind.
He had previously, both verbally and in the apology letter, told me that he was leaving his house to me, with a life interest for his wife, and "that would never change". However, at some point during our estrangement, he did change his will leaving everything that he and my mother worked for, to his wife. I understand that after my hospital visit he told his wife, in front of another relative, that he wanted to revert to his original wishes, to which she said "No". He was unable to do anything about this himself, as he was so ill, but he was in total command mentally, so knew what he wanted. She has now inherited his house, and this will, eventually, be left to her two nephews, who my father couldn't stand, and didn't see from one year to the next.
Would I have any grounds to contest this will, either partially or wholly?
I am not a vindictive person, but this woman has caused so much upset and trouble over the years, that his family are really upset that she has benefitted to the detriment of his own relatives.

V.Lucky

Morally what she's done isn't wrong, but I don't know how she can sleep at night.

Perhaps go to see a solicitor for a free 30mins consultation, but if you do contest it I think you are onto a non-starter and would have to have extremely deep pockets to pay the legal costs.

I feel for you, I really do. Best of luck.

Mojisola

V.Lucky wrote: »

Morally what she's done isn't wrong, but I don't know how she can sleep at night.

In legal terms, she's entitled to the house. Morally, I think she's very much in the wrong!

Errata

Would I have any grounds to contest this will, either partially or wholly?

I'm afraid not. Your father was in possession of capacity when he had the conversation in hospital with his wife and consequently capable of asking you, or the hospital, to request a solicitor attend him in hospital as a matter of great urgency so he could make a new will.

Hawkeye4aneye

I suppose that you could say that the new will leaving the property/estate to his wife was done whilst under duress or undue influence of his wife."undue" influence is one of the grounds of relief developed by the courts of equity as a court of conscience. The law will investigate the manner in which an intention to enter into a transaction was secured, and if the intention was secured or produced by an unacceptable or improper means, the law will not permit the transaction to stand. The means used is regarded as the exercise of improper or "undue" influence. Equity recognises two forms of undue influence

1 Overt acts of improper pressure or coercion such as threats (there is an overlap here with the principles of duress) (this is actual undue influence)
2 Undue influence arising out of a relationship between two parties where one has acquired over the other a measure of influence or ascendancy of which the ascendant person takes advantage.

This as you can imagine is fraught with problems in proving etc. such as how can you prove she made him do the will the way he did. Did the Solicitor who carried out the interview keep extensive notes as to why you were not included and did he make notes if your stepmother was insistant on this point if your father made any objections.
Did the solicitor see the previous will, had it been made with the same firm, if so did he point out that if your father died first you and your siblings would get nothing. Even if the firms were different I always thought it a good idea to see the previous will was this ever offered.

Even though you might feel there is some hope I would mention that proving this can be very difficult!

bumpoowee

Mojisola wrote: »

In legal terms, she's entitled to the house. Morally, I think she's very much in the wrong!

Morally, I don't think the father is any better than this woman. I hope she was worth leaving a legacy of being a snivelling coward who virtually disowned his own family for no good reason.

firesidemaid

have you seen a copy of the will? you can get a copy quite easily i think. have a look at the date it was made and what exactly it said.

INFO_2

In Scotland, if one adult sibling has been left out of his mothers will is it likely that contesting the will, will result in that sibling reciving their share of the estate?

dzug1

INFO wrote: »

In Scotland, if one adult sibling has been left out of his mothers will is it likely that contesting the will, will result in that sibling reciving their share of the estate?

You don't need to contest the will in Scotland - you just ask the executors for what is your due - which is a share of the 'moveable' estate.

INFO_2

Thanks for the information. I assume that everything but the house is the 'moveable' estate? Futher, assuming that there is no husband/partner, what happens to the house? Does this go by what is in the willl or can this be contested?
Regards

dzug1

The house goes by the will if there is no spouse. If it's not mentioned in the will it goes to the children.

On what grounds do you want to contest? Your 'legal rights' I am sure will represent 'reasonable provision', so that leaves invalid will, undue duress in making it and the like - all of which are horrendously difficult to prove and will involve you in large costs