Wills & Flat Help

RAS

I think you have picked up on all the salient points.

Savvy_Sue

RAS wrote: »

I think you have picked up on all the salient points.

I'd agree. But that's from a non-expert ...

One question I haven't seen asked is how old is your step-brother, and does your father currently support him in any way?

Because someone who was being supported at the time of death would have the right to challenge a will they'd been left out of.

If the OP's dad currently bails his son out of difficulties, or gives him an allowance, then I think that would give him the right to challenge the will.

Seraphim

Savvy_Sue wrote: »

I'd agree. But that's from a non-expert ...

One question I haven't seen asked is how old is your step-brother, and does your father currently support him in any way?

Because someone who was being supported at the time of death would have the right to challenge a will they'd been left out of.

If the OP's dad currently bails his son out of difficulties, or gives him an allowance, then I think that would give him the right to challenge the will.

My brother is nearly twice as old as I am. My father does not support him in any way

My father has reworded his Will to split things how he wants. He will be leaving a letter explaining why things have been split the way things are both with his copy of the Will and the original at the Solicitors.

Thank you all for your help.

NAR

Sounds like your father and yourself have been given good legal advice. Hope you are more content now.

Pee

I think the reason the solicitor warned your dad about the challenge is that there is a recent case where a mother left her estate to charity rather than to her long estranged daughter who I think was on benefits. The court overruled the Will although I don't think there was any question of the mother not having capacity. this was a very unusual decision which goes against what everyone thought the law was.

I don't think that this case will be expanded on, but the truth is that only time will tell.

A Deed of Variation giving your father a life interest in the flat might be an option if your father felt very strongly about this. You have two years from the date your mum died to make that decision.