will contesting advice please

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

trafalgar_2

Firstly there's no point contesting a will before death as it can just be changed anyway...................after death you can contest a will...................a solicitor can advice you how and if you can.

A will however is unlikely to be changed if it has been written properly, after all it is the deceased person who decides what goes where :-/

s@sha

Brief guide to the circumstances where a will can be challenged here

http://www.probatesdirect.co.uk/site/advice/wind/engwale/will/challenge.html

As Traf said, you can't contest a will before the person has died, there wouuld be no point.

misty

I don't mean to sound unsympathetic but it's your parents money and theirs to do what and leave to whowever they want. If your mother would be smug about it - don't you think contesting it would be playing into her hands.

Families who'd have em? imagine how the Getty kids felt?

Jay-Jay_4

To put myself in your shoes... no it's not fair but can you manage without the money and still hold your head up high?

Are you close to your parents? Were you close to the aunt who left your parents the money? if not then do you really think you're 'entitled' to any of their money?

Sorry to sound harsh but if it were my daughter who had called me smug and then asked how to get my money I would be gutted. Maybe you ought to get used to the idea and then forget about it.

Gosh this sounds very abrupt but death and money can cause such upset in families. I'd rather just walk away with my dignity. :-/

Spendless

Is the will a home-made one (ie done with solicitors advice). If a mistake has been made on it eg no witnesses or benefactor witnessing will then the will be invalid.
I realise it must hurt, but the only way forward is to rise above it and show you can manage without their money.
You say you have 2 kids, well you're being taught a valuable lesson in how not to play favourites.

System

I dont know if it will apply to you, but you will not be able to get legal aid for contesting a will.

seroxat_chick

Hi Lizzie,

My husband is a probate manager and deals with cases like yours frequently. He always says that there's nothing like death, wills and money to bring out the worst in people. He has people applying for probate within hours of relatives passing away
Indeed, only this week, a relative of my in-laws died, and they've already ransacked the deceased's house looking for a will and savings accounts ::)
I also have seen first hand how situations like yours can cause bitter family feuds.
If I had to give you one piece of advice it would be to accept your parents' decision (although it hurts like hell) and get on with living your life. Massive cliche here, but money really doesn't bring you happiness :-/

You might have a wry grin to yourself when your sister gets stung for a huge inheritance tax bill anyway.....

Seroxat_chick :-*

GCooper

I dont know if it will apply to you, but you will not be able to get legal aid for contesting a will.

As a Legal Aid Solicitor ( or what is left of Legal Aid), I thought i should add that Legal Aid may be available for contesting a will. Since April 2000, it has ceased to be available for:
1. Allegations of negligently caused injury, death or damage to property (apart from Medical Negligence);
2. Conveyancing;
3. Boundary Disputes;
4. The making of wills;
5. Matters of Trust Law (which might include some challenges to the will);
6. Defamation or malicious falsehood;
7. matters of company or partnership law; or
8. Other matters arising from the carrying on of business.

Legal Aid is nevertheless extremely difficult to get other than for matrimonial and criminal work. Not only do you have to have a good enough case, but you also have to be financially eligible. Very few solicitors now touch legal aid for anything other than crime and matrimonial work as the government are awful payers and the rates of pay are appalling, but you may be able to find one who will deal with this case if you are financially eligible. Alternatively, if you have legal expenses insurance, you may be able to use this, or your solicitor may be able to enter into another funding arrangement with you if Legal Aid is not available.

Nevertheless, you have to wait until your mother is actually dead before you can challenge, but if you think that she does not have the mental capacity to make the will, it would be wise to look into this now as it is difficult to produce evidence of this once she is dead.

aussielle

Welcome back Graham

System

GCooper, i stand corrected.