Will advice needed

lizzie1972

Hi, Im not sure if this is the right place to post this question, but here goes, if it is in the wrong place could comeone advise me where it should be. Ta

Basically I am the youngest of 3, my sister is the biggest !!!!!! lick that walked the earth and my brother and I are our own people with our own minds etc etc.

My parents and i have never been close, not like with my husbands family which I consider normal, what it is is I discovered 2 years ago that both my parents have got wills and they have both left everything to my sister and her husband and their 2 kids.

You can imagine my disbelief and anger, and my mother is the sort of smug person who when she has croaked will be down there looking up at me and my brother laughing because she has the upper hand.

What I want to know is, is there anything at all we can do about it, ie contest it before or after death, we both also have 2 children and it's so not fair. My sister doesn't even need the money which is the worst part of it. My parents recently inherited just over half a million from my aunt and grandmother when they died and I really feel that I should be entitled to something after all.

Sorry to whitter on but it really hurts and I don't want to leave things as they are, any help or advice would be fantastic.

Thanks in advance

Lizzie xxx

lisyloo

What I want to know is, is there anything at all we can do about it, ie contest it before or after death

If you are dependents e.g. under 18 (or possible under 21 and in full time education) then you could (I am not sure of the exact definition but something like that).

If you are over 18 and not dependent on your parents then I think you are unlikely to be successful.
Wills are normally only overturned if there are dependents who have not been made provision for.

I understand how you feel but you parents money is exactly theirs to do with as they wish.
If they want to leave it to the dogs home and cut you all out then that's their decision.

You have no automatic right to their money (unless you are a dependent).

we both also have 2 children and it's so not fair. My sister doesn't even need the money which is the worst part of it

Legally I think that's all irrelevant unless you are dependents.

and I really feel that I should be entitled to something after all

Unfortunately I don't think you are.
It's their money and they can do what they want with it if they have no dependents.

but it really hurts and I don't want to leave things as they are

I do sympathise but I am not sure there is much more you can do.
Are you ansolutely sure that the information you have is correct? Have you seen the will or is it just gossip?
I think you have to be very careful to know the facts before doing anything.
Could it even be a wind up?


Would it help to discuss it with your parents or would it make things worse?

lizzie1972

Thanks for your reply I did have a sneaky feeling that that would be the case, still nothing ventured nothing gained.

I know this to be a fact as I have seen copies of both of their wills, I was helping them move and came across them, wish to god now that I hadn't been so tempted to take a sneaky look. What you don't know etc.

Lucky old sis eh!!!!!!!

Lizzie

lisyloo

BTW - they can change their wills anytime they please.
Only the latest one is valid.

I know it doesn't help you much (because you don't know whether there are others) but the ones you saw will only be valid if they are the latest.

Oh.....and if you're moving house then wrap up your private stuff

Spendless

Of course if it is a home-made will (ie they've written it out themselves without help of solicitor etc) and they've done something wrong on it for example no witnessess or your sister witnessing it when she will inherit that will invalidate the will.

hrafndot

It happened to me this year, gruesome. For me the most important thing was to let go of the grief and anger. I wasn’t going to let it change the person I am. Its taken a lot of time, be kind to yourself, it really hurts when parents do this kind of thing. I think the validity point is your best bet. good luck

love

hrafndot

One other thing occurred to me. Given that this grossly unfair situation is particular to the English law and wouldn't go on in, say, France, how would you find out if cases are going to the European Court of Human Rights on this kind of issue? Are there any people with legal knowledge out there who have a view on this

Spendless

This thread was also posted under any other business, and different people applied. If you take alook you might find answer you'relooking for.
Good Luck

hrafndot

thank you

Edinburghlass_2

One other thing occurred to me. Given that this grossly unfair situation is particular to the English law and wouldn't go on in, say, France, how would you find out if cases are going to the European Court of Human Rights on this kind of issue? Are there any people with legal knowledge out there who have a view on this

Its actually different under Scottish Law too.