Contesting a Will

scazpin

If you leave out an immediate family member from your will can they contest the will or make any claim whatsoever?

My understanding is that they can only do this if they can prove you were mentally incapable at the time of making your will - OR by contesting under the Inheritance Act Claim, eg financially dependent.

My Mum wants to leave out her other 2 children who have no contact with her whilst she is alive and she no longer wants to leave anything to them when she is dead.

One solicitor advised her to leave just a little so they can't contest for anymore. Another solicitor said no.

Thanks.

thorsoak

She can leave an expression of wishes, stating that she has left nothing to her other children because they have had no contact with her during the last xxx years of her life and she feels that they have not been part of her life. If she gave them £xx earlier on as well, she can state this.

By so doing, it answers any claim that the disinherited may make.

Although not part of the will, it should be affixed to the will.

diable

Can't you ad an option in saying that if they contest the will then they will receive a nominal sum of £1?

wise_fool

If the children are adults, but not dependent on her they could claim under the inheritance act, but their chances of success would be slim.

Anyone disinheriting someone need not leave them anything nor explain anything in the will, but should leave a separate letter stating that they have not overlooked the individuals but did it for whatever reason.

Definitely don't attach it to the will as this will become a public document, but keep it with the will so that the executors may present it to a court in the event of the will being challenged.

Challenging a will is expensive and that is enough to put most people off.

Your mother needs to keep that will very safe and appoint sensible executors that will carry out her wishes. She should also tell her executors where that will is.

floss2

wise_fool wrote: »

Your mother needs to keep that will very safe and appoint sensible executors that will carry out her wishes. She should also tell her executors where that will is.

Probably also best if she does not discuss the contents with anyone!

SailorSam

In my Will i've mentioned one particular relative saying i feel they've had things in the past and now is the time for others to share.