Another contesting will thread

vakery

Dear Moneysavers,

I've been reading through the previous threads on this, and there are a few, I hope you don't mind me adding my own.

My Father recently died at the age of 61. He has 2 children, myself and my younger sister and he had been married to my mother for over 20 years. Their divorce was finalised a couple of months ago.

Prior to, and since my parents’ divorce he had a string of different girlfriends, most recently M. He had been in contact with M for the last 3 years, and they had been living together for 1 year in a house they recently purchased together. There was some overlap time with another girlfriend at the start of his relationship with M. He continued to use my parents’ house as his main address until 1 year ago. He was not married to M. My Mother has not remarried. M has been married a couple of times before.

There had been an ongoing dispute between my parents, as he was refusing to give my mother any share of his pension. Having given up work to bring up his children, she is in need of a share of his pension to be able to support herself and maintain the house.

In his will, which I believe was put together at great haste, through a solicitor, shortly before his final hospital admission for excision of a brain tumour, he left all of his belongings to M. This included his half of my parents’ home, and all other assets.

What entitlement do we have to contest this will, especially given that my Mother is struggling financially to survive without a share of my Father’s pension.

Any advice appreciated, need a realistic understanding of how things really work, despite how unfair they feel.

Many thanks.

74jax

Didn't want to read and run but I can't offer any official help I'm affraid.

i would have thought if he was of sound mind when he made the will and clearly didn't want to leave his ex-wife anything then the fact he hasn't left anything can't be contested.

It may just be the fact that your mother will need t downsize if she is no longer able to financially support herself in the home she is currently in. Prior to yoru father's death did he pay her anything?

Like I said though, i'm sure someone more appropriate will be along to offer advice soon.

Chinkle

I would have thought that if the divorce was concluded before your father's death, what your mother is entitled to would be what was agreed at that point. This was when a share of his pension should have been agreed.

Yes your father changed his will with haste, but I imagine this was due to both the divorce and him knowing he had a serious medical condition and wanting to make abundantly clear his final wishes. You might not like M, but this is who he chose to leave his estate to.

I don't have any legal expertise, but I'm not sure on what basis you could contest the will.

Bubby

If your father passing away has had a financial impact on your mother then she has the right to contest the will under the inheritance act 1975 as she has not remarried and was financially dependant on your father. Please get your mother to speak to a solicitor about this.

RAS

If dad was supporting mum at any time in the last two years of his life, she can ask for support from his estate.

pinknfluffy0

Did the finances not get sorted out in the will?

If so then surly he can leave his money to who ever he wants.

RAS

The Inheritance Act was devised precisely to address this sort of situation. Mum needs to speak to a solicitor urgently.

northwest1965

74jax wrote: »

.

i would have thought if he was of sound mind when he made the will and clearly didn't want to leave his ex-wife anything then the fact he hasn't left anything can't be contested.

.

Slightly off topic I'm afraid but a note for others and wills. If you intend to NOT leave anything to former wives, then state it in the will. I do not wish to leave Mrs....anything. We were advised to do this by our will writer.

I would have thought that when they divorced the pension would have been sorted. Did he pay spousal maintenance?

Baggysdad

There are two avenues to pursue here.

1) Did Dad have the necessary capacity to make the Will? If not, the Will could be thrown out as being invalid. Presumably the solicitor who drafted the Will will have made the necessary checks. Your mum should see a solicitor who should contact the drafting solicitor with what is known as a 'Larke v Nugus' letter to determine the circumstances in which the Will was made.

2) Mum has the right to contest the Will as an ex wife who has not remarried. Her financial dependency or otherwise on your dad does not influence her right to make a claim, but will influence the outcome - along with what was/or was not agreed in the divorce.

Your mum needs some specific professional advise.

meritaten

I think the best avenue is that of sound mind - was he?
do you have previous wills that left things fairly? to prove that when he was of sound mind he left to his children etc?
unfortunately last will and testament usually wins - but sometimes medical evidence and other evidence of coercion overthrows that. but it costs!