Contesting a will

hopefuldreamer91

I know this has been asked before but I want some advice/thoughts.

I am on here under another name but would rather this not be associated (and remembered I had this account).

Will keep this as short as I can but I'm not sure what is or isn't relevant really.

My gran died yesterday and the subject of the will has come up - now my gran had my Mum and my uncle, no other children. For years the will was a little to her sister (still alive), a little to my brother and I, and the rest 50/50 between my Mum and uncle. My uncle's relationship has been on and off with my gran but still her son of course.

A few years ago my Mum died, now the last we knew gran was thinking of leaving dad a token amount, my brother and I more and the 50% still to her son. Her son is quite manipulative, he's got thousands off her over the years, now my gran within 6 months of Mum dying didn't view my dad as her son-in-law, no falling out, just her choice. Been a few disagreements between us but nothing major, just really fallout of losing my Mum, we still saw her plenty and such. A few months (maybe 2 or 3) ago when I'd taken her out she said something about leaving me something if she died, I can't remember what.

However it's come to light today that about 12 months or so ago, her son took her in to change her will (not sure who's choice), and he's now the sole beneficiary and executor. Not a penny or a single posession left to anybody else.

I'm quite upset about this - not for the actual money (although we do have financial problems due to disability, and as she owned a house outright it's a fair chunk), I always encouraged gran to enjoy her money, that's what it's there for. But I truly don't believe she'd have chosen to leave it all to just him, I'd not have been surprised if we got a relatively small amount but not absolutely nothing. It was drawn up in a solicitors, but as said he was there and took her despite being the sole beneficiary.

Would there be any way to contest it, possibly under the undue influence? It really isn't like my gran, and her memory and such hadn't been so good, she was still functioning but she wasn't 100%. I thought main beneficiaries weren't supposed to accompany the person making the will?


I know this may seem awful so soon after but unfortunately it's not something I can wait a couple of months before thinking of, I also wouldn't be doing it if I thought she'd decided she didn't want to leave us anything, but it's really not like her to have done.

Sorry that I failed with keeping it short, obviously at the moment I'm also struggling with having lost a family member, but I'm trying to be practical.

Thanks for any help!

BitterAndTwisted

Just because someone accompanied another someone to a Solicitor's office does not mean that they were actually in the room while the consultation took place. I believe that there are rules and regulations to ensure that wills are made without undue external influence being brought to bear.

If you're thinking about contesting it, you can't just go on what your granny said she was going to do or what you believe her intentions were. You're going to have to come up with some solid proof and if the estate is a modest one any legal fees would eat up any possible inheritance, so it really wouldn't be worth the risk.

Errata

Sorry for your loss. Unless your gran had lost capacity, she could leave everything to the Cats Home if she was so minded and it would be perfectly legal.
The fact that her son took her to the solicitors isn't proof that he stood over her and dictated the wording of the will to her and the solicitor, or was even in the same room as them.
I don't think you have a leg to stand on, unless you can prove your gran didn't have the capacity to make a will.

hopefuldreamer91

Unfortunately he's always been very good at getting his own way, he wouldn't have needed to be in the room, gran wouldn't have gone against his wishes, she was too scared of him not bothering with her again (he only ever appeared when he thought money was there, my grandpa wouldn't allow him in the house for about 3 years due to his money grabbing behaviour, unfortunately he died nearly 9 years ago). I guess that's the downside of being there no matter how the money was.

The estate will be around £160,000 at least tied up in the house, plus any other money she had (may be nvery little, may be another 20 or 30k, don't know).

What constitutes proof? We have a draft of a will made up by gran about.. 2 or 3 years ago in which my dad was named as the executor, but not a beneficiary, but that's about it that I can think of.

Just annoys me really, obviously I'd much rather she was still here, but him getting everything isn't a nice situation.


If she left everything to a cats home I'd be less surprised, just after all the hurt he's caused her I don't for 1 second believe it wasn't down to him.

Errata

I suppose what it boils down to is there seems to be nobody in gran's family who were prepared to protect her from the shenanigans of her son after your grandad died.
A draft of a will that you have access to has no standing, there could be another half dozen drafts made after that one - which also would have no standing.
I honestly don't think you have any grounds to contest other than those of capacity. Your opinion, and perhaps the opinion of other family members, that your gran was 'bullied' into doing something she didn't want to do can be no more than your opinion. Unless you have correspondence with Social Services or Action on Elder Abuse reporting and/or seeking guidance that your gran was being emotionally and/or financially abused by her son.

NAR

Firstly sorry for your loss. Sorry but there does not seem to be any grounds for challenging the will from what you have posted, galling as it is to you.

Has your uncle any family, or if he passed away is he likely to include you and your brother in his will? You need to be careful that you do not jepordise any future windfall.

hopefuldreamer91

Errata wrote: »

I suppose what it boils down to is there seems to be nobody in gran's family who were prepared to protect her from the shenanigans of her son after your grandad died.
A draft of a will that you have access to has no standing, there could be another half dozen drafts made after that one - which also would have no standing.
I honestly don't think you have any grounds to contest other than those of capacity. Your opinion, and perhaps the opinion of other family members, that your gran was 'bullied' into doing something she didn't want to do can be no more than your opinion. Unless you have correspondence with Social Services or Action on Elder Abuse reporting and/or seeking guidance that your gran was being emotionally and/or financially abused by her son.

We were willing, just not able - the only 2 people she'd ever listen to were her husband and her daughter, we tried our best to help her but she shut us out. I've only been 18 for a few months and couldn't do much anyway. Can't force someone to realise when they're being used.

Bullied with his presence or absense though, he didn't force her to give him money, just guilted her into it. Never any direct threats, nothing you could prove really - the one time she stood up to him in the last couple of years she didn't see him for 3 weeks. Proving that's why though.. another matter.

Unfortunately after losing Mum she seemed to find being around us harder, I think it reminded her of what she'd lost.



Inheriting from him? Well his now wife chased him despite his being married with a kid, and when he left his wife for her he disowned his 11 or 12 year old son... don't think his nephew/niece rank high on his importance list, and sure as hell not on hers.


Guess we just have to accept it and hope there's something more he's hiding (he's got a history of conveniently losing things that lose him money..).

Can we phone her solicitors to make sure of what's actually on the will or anything?


Thanks for the sorrys, she was only in her late 60s, considering her mum was in her 90s when she died it's really not fair She had health problems but it still came as quite a shock!

Errata

Can we phone her solicitors to make sure of what's actually on the will or anything?

Once probate has been granted a will becomes a public document and a copy can be obtained from the probate office.
As for phoning the solicitor, it's not the solicitors job to tell a relative or anyone else who rings them the contents of a will, it would also be a breach of client confidentiality and probably the DPA as well.

McKneff

I really would try and move on, there really is nothing you can do about it.
Your bitterness is coming through on your posts, and you did say at one point that 'she shut us out'

Bitterness breeds and its not a pleasant feeling, It will eventually make you ill.

Put a full stop to it and get on with your life.

Its all you can do so you might as well just get on with it.

Good luck.

meritaten

I understand how you feel - but proving coercion is really difficult. just because he took her to the solicitors doesnt mean a thing.
I think that moraly you are right - but proving it would be so expensive you should let it go. honestly, it could take years and you would have to get doctors, neighbours, friends, previous wills and they could still say the last will was the legal one.
harsh, I know, but hun, unless this estate is worth millions - I wouldnt bother. just hope the beneficiaries recieve natural justice.

blabberwort

I always assumed that unless a person was of sound mind 100% (which I would assume means forgetfulness included that etc) then a solicitor would not draw up a will for someone.

The fact that your nan always intended to leave the majority of her assets to be divided 50/50 between her children and your mum passing away before your nan may just mean that your nan changed her mind and chose to leave her estate to her son alone rather than a share for other members of her family to be included.

Im sorry but I cant believe that im the only person to get a bad taste in my mouth when I read a post from someone thinking of contesting a will less than 48 hours after the death of a supposed loved one. Personally I would have thought if you were close enough that you feel your nan would have left you something , surely you would be still be grieveing rather than thinking about what she's left people.