families wills

selfish

HI My step dad died recently and left a will what a mind blower that was how di i contest the will it wasent fair how it was done when mum was alive it was supposed to split 4 ways but that has not happened, my sisster has got the lot realy me and my brother get 2000 she gets 1.2 m illion

Emmzi

Wills aren't meant to be fair, they are supposed to respect the wishes of the deceased.

Why do you *legally* feel entitled to challenge the will?

DUTR

selfish wrote: »

HI My step dad died recently and left a will what a mind blower that was how di i contest the will it wasent fair how it was done when mum was alive it was supposed to split 4 ways but that has not happened, my sisster has got the lot realy me and my brother get 2000 she gets 1.2 m illion

You are lucky to get £2k, he did not have to leave you anything.
You cannot contest it, as you have no legal grounds to contest it.
Fingers crossed your real father may be able to leave you something if you out survive him

McKneff

selfish wrote: »

HI My step dad died recently and left a will what a mind blower that was how di i contest the will it wasent fair how it was done when mum was alive it was supposed to split 4 ways but that has not happened, my sisster has got the lot realy me and my brother get 2000 she gets 1.2 m illion

What do you mean, it was supposed to be split 4 ways, what did your mothers will actually say, if indeed she left one. I'm presuming not and everything went to step father, he can do what he likes with it, I'm afraid, no matter what your mother actually 'said'

You are not a dependant on him so you have no grounds for contesting a will.

meritaten

Did your mum leave a will? if so, did she leave everything to step-dad unconditionally or were there stipulations providing for you and your brother? It all hinges on the last you see! If your stepdad inherited everything from your mother unconditionally then he doesnt even have to mention you in HIS will. unfair? yes, but that is the way the law works, sorry!

**curlywurly**

OP, it is quite difficult and very costly to contest a will. Before you go any further you need to consider if you have the grounds to do so. Assuming the will was validly made and executed, and it was made in accordance with your SF's instructions, then from what you have said, the only ground you have is if you were financially dependent upon SF. "It's not fair" doesn't work.

onlyroz

You are certainly going to have to provide more information if you're looking for sympathy and advice. What is "it" that was meant to be split 4 ways? In which legal document was this stated? If your mother died intestate then her husband will inherit everything and he could leave it to the cats home if he so desired. Your only grounds for complaint would be if he could be shown to have coerced your mother in some way, or was not in a fit mental capacity when his will was made.

DUTR

onlyroz wrote: »

You are certainly going to have to provide more information if you're looking for sympathy and advice. What is "it" that was meant to be split 4 ways? In which legal document was this stated? If your mother died intestate then her husband will inherit everything and he could leave it to the cats home if he so desired. Your only grounds for complaint would be if he could be shown to have coerced your mother in some way, or was not in a fit mental capacity when his will was made.

Not sure that bit is correct, if you mean the mother then yes.

**curlywurly**

It could be correct. If the SF did not have capacity then his will could be invalid. Unless I am misunderstanding, I don't see what it's got to do with the mother?

DUTR

**curlywurly** wrote: »

It could be correct. If the SF did not have capacity then his will could be invalid. Unless I am misunderstanding, I don't see what it's got to do with the mother?

Because the step daughter does not have to be mentioned on the will, where would the claim be?

onlyroz

DUTR wrote: »

Not sure that bit is correct, if you mean the mother then yes.

If the mother made a will excluding her daughter, then her mental capacity would be a factor.

If the step-father made a will including the step-daughter, but then subsequently changed it to cut her out, then his mental capacity would be a factor.

Either way, we need more information to make a judgement.