preventing ,contesting a will

Savvy_Sue

You can't contest the will, as said, unless your mother was dependent on your great aunt, which it doesn't sound as if she was.

You could, as executors, ask if the sister will agree to a Deed of Variation, in line with what you believe your aunt's wishes to have been. However, if she says no, there won't be anything you can do.

I would consider writing and setting out the situation. She may be a reasonable person.

LindsayO

OP, from your post it seems that your aunt wants to leave everything to you, and your sister wants to contest this and get "a share" for herself. would it help if your aunt gave you her house now before she dies. I think you could draw up an agreement whereby the house becomes legally yours but your aunt has the right to live in it for the rest of her life.

harryhound

LindsayO wrote: »

OP, from your post it seems that your aunt wants to leave everything to you, and your sister wants to contest this and get "a share" for herself. would it help if your aunt gave you her house now before she dies. I think you could draw up an agreement whereby the house becomes legally yours but your aunt has the right to live in it for the rest of her life.

That is an interest in possession trust; it will form part of the estate of the aunt because she is the beneficiary of the trust and because the gift into the trust is with reservation.

What is the value of the house?
What is the value of the rest of aunt's wealth?

If the value of the house is over the nil rate band (currently 325K) the tax man will immediately want to get in on the act for some Inheritance tax (IHT) now.
(Do a lot of reading or get advice)