Spouse's Inheritance Right's

artmonkey52

My sister's husband died at Christmas. His daughter (approx. 50 years old) from his first marriage visited him at home after leaving hospital to die. This daughter had hand written a will which she (apparently) coherced her father to sign whist my sister was out of the room and witnessed by two elderly aunts (his sisters). She was totally unaware that this had taken place.

A week after the funeral the daughter has presented the will to my sister claiming ownership of his entire estate and his ashes! This completely ignores his son by his first marriage, his son by my sister and his two step-daughters, not to mention my sister (his wife of 40 odd years).

There was no other will. Is this legal?

katsclaws

The 'will' would have to be witnessed by two people.

madbadrob

If the will has been witnessed and all the signatures are correct then the only way you could prove this will to be invalid is to prove cohersion. If yyou can't do that then unfortunately the daughter would get everything however the spouse could make a claim as a dependent which would at least get her a little. If the house was bought and the spouse or anyone else was a joint tenant then they would automatically get the house.

Rob

Mojisola

I don't think it would be too difficult to start a challenge to a will hand-written by the only beneficiary and signed after the testator had been sent home to die.

For a start, if he was on strong pain medication, it could be argued that he was incapable of understanding what he was doing.

What do the aunts have to say about how it was done?

madbadrob

Mojisola wrote: »

I don't think it would be too difficult to start a challenge to a will hand-written by the only beneficiary and signed after the testator had been sent home to die.

For a start, if he was on strong pain medication, it could be argued that he was incapable of understanding what he was doing.

What do the aunts have to say about how it was done?

I agree however for a court to rule the will invalid it would require the evidence to show he was cohersed or not of sound mind.

Rob

Mojisola

madbadrob wrote: »

I agree however for a court to rule the will invalid it would require the evidence to show he was cohersed or not of sound mind.

It would be worth artmonkey's sister getting the medical records.

Our hospital wouldn't let me sign a form giving permission for an emergency operation if I'd already been given morphine because of the effect it has on the brain.

If the BIL was on morphine, which is probable at the end of life, he also wouldn't have been competent.

The will could also be challenged on the basis of the spouse not being provided for.

Definitely time to see a solicitor.

RAS

artmonkey52 wrote: »

My sister's husband died at Christmas. His daughter (approx. 50 years old) from his first marriage visited him at home after leaving hospital to die. This daughter had hand written a will which she (apparently) coherced her father to sign whist my sister was out of the room and witnessed by two elderly aunts (his sisters). She was totally unaware that this had taken place.

Were the two aunts in the room at the time your sister was out of the room?

Was there any other previous will?

Is the house in joint names or in the deceased sole name? If it is in joint names is it a joint tenancy or tenants in common.

This assumes that you are in England and Wales?

RAS

Just to add there was at least on case on here where a recent will excluding some siblings was successfully challenged without it going to court, when it was proved that the deceased had impaired mental function whe the will was written.

artmonkey52

Many thanks for all your considered replies. There is no great value, other than sentimental, to any of the estate - no savings, the home is rented and all that remains is an old car and a small amount of jewellery and most sensitive, the deceased remains that this daughter has laid claim to, in order to bury them with her mother. I can only assume that the two aunts who witnessed the signature were both in agreement, as they waited until my sister had left them alone with her husband before they took action and then made no mention of the event until after the funeral.

I am particularly grateful for the suggestion regarding medical records, as the deceased was suffering from a very aggressive cancer which I am sure was being treated with morphine. This would have had a strong psychological effect, as would the fact that he had only learnt of his predicament just two weeks before being approached by his daughter.

In addition, does anyone have an idea of the financial implications of mounting a challenge to a will?

RAS

I think the starting point is to se a solicitor and get a letter sent to the funeral director/crematorium stating that the deceased was not of sound mind and that they are not to release the ashes. Send a copy to the step-daughter and the aunts.

The bloody stupid thing is that they could easily ask to split the ashes and bury half each with the first wife and where ever the second family want.

We scattered one person as per their request but buried a small capsule in a relevant grave as well so people could visit.

daska

RAS wrote: »

Just to add there was at least on case on here where a recent will excluding some siblings was successfully challenged without it going to court, when it was proved that the deceased had impaired mental function whe the will was written.

Are you thinking of the poor lady who's dad had alcoholic dementia? If I remember correctly she managed to do this without going to court, simply by getting her solicitor to exert pressure on her stepsiblings using his medical records.

OP, if there's no value in the estate then think very carefully before considering a legal challenge as these have huge potential to become a lengthy and costly affair. Do your research first.