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Contesting a Will

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  • INFO_2
    INFO_2 Posts: 3 Newbie
    edited 4 November 2009 at 1:35PM
    Say the house is worth £300,000 and the rest of the estate £300,000 and the house is left to one sibling with the other 2 siblings in the will, being expected to receive a third of the estate ie the first sibling gives the other 2, £50,000 each along with their share of the cash. How much could the 4th sibling who has been left out of the will claim/receive?
    Not sure about the grounds for contesting unless it was duress.
  • p00hsticks
    p00hsticks Posts: 14,452 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    davjan wrote: »
    Would I have any grounds to contest this will, either partially or wholly?

    I'm not a legal expert but I think the only grounds on whcih you would stand any chance is if you were financially dependent on your father and he failed to provide for you in his will - that doesn't sound like the case here.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    INFO wrote: »
    Say the house is worth £300,000 and the rest of the estate £300,000 and the house is left to one sibling with the other 2 siblings in the will, being expected to receive a third of the estate ie the first sibling gives the other 2, £50,000 each along with their share of the cash. How much could the 4th sibling who has been left out of the will claim/receive?
    Not sure about the grounds for contesting unless it was duress.

    The moveable estate is £300k. The siblings between them are entitled to one third of this as 'legal rights', £100K, so each is entitled to £25K.

    Those that get more than £25K though the will will obviously opt for that instead - they cannot get both.

    No hope of challenging unless duress or similar can be proved. 'Fairness' doesn't come into it.
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