preventing ,contesting a will

harryhound

Let us agree that "nowretired........." is intending to leave his son "next to nothing".
I think they used to call it "cut off with a shilling" in the old days.

Gers

That's the way to go- delete your posts whilst forgetting that others have quoted them.

:rotfl::rotfl:

margaretclare

.... told I was not leaving the house to be shared amongst him and his sisters

I still don't see how a house can be shared among someone and his sisters. You can't chop it up as if it was a sponge-cake.

wireframe_2

margaretclare wrote: »

I still don't see how a house can be shared among someone and his sisters. You can't chop it up as if it was a sponge-cake.

You can. Especially if you sell it first.

harryhound

---

and if there are more than (say) two of you; you can argue about it for years, until the roof falls in.
For good examples, just drive round the French countryside.

margaretclare

wireframe wrote: »

You can. Especially if you sell it first.

But in that case, you're not sharing the house. You're just sharing the value of the house, after all the costs of survey, advertising, legal costs etc have been paid.

That's not quite the same thing.

harryhound

That is why you hold it legally "On a trust for sale", but with the power to postpone the sale.
Quite rightly we have a system where property can nearly always be turned into cash and so it can be mortgaged, it is available to the creditors if you go bust etc. etc. Though efforts are being made (usually by women) to get the judiciary to change this situation.
A retrograde move in my opinion.
Here is an example where a creditor has found it impossible to enforce judgement against a house in joint ownership.
https://forums.moneysavingexpert.com/discussion/2280981

lynn299

my great aunt died and made myself and my brother executors of her will,my mothers sister who stays in the US, is named as the person in the will to benefit from the estate and although she had not changed her will had privately said to each of us that my mother were to get half of the money due from her estate if my mothers sister did not come to live here. Both my brother and myself have done what is required but since my aunt and her husband have been here and had the will read none of them have so much as mentioned my mother and only seem to want to leave their bank account details for the proceeds of the sale of the house. Can I as an execuor contest the will on the grounds that my mother looked after my great aunt for years and when she went into a nursing home was also a contributor in her care, and her sister has never played a part in her care at all and that is was widely known that my mother should get a least a percentage of the proceeds for her deeds. :mad:

Mojisola

lynn299 wrote: »

Can I as an execuor contest the will on the grounds that my mother looked after my great aunt for years and when she went into a nursing home was also a contributor in her care, and her sister has never played a part in her care at all and that is was widely known that my mother should get a least a percentage of the proceeds for her deeds. :mad:

I very much doubt you would succeed. It's what's written in the will that counts.

dzug1

You as executor cannot 'contest' the will at all - your duty is to carry out its bequests regardless of your personal feelings.

There is no prospect of a successful contest anyway - the grounds you have mentioned are totally irrelevant. Your great aunt had every opportunity to change her will and didn't, so it will be taken as correctly expressing her actual wishes.