Advice needed re probate

CaptainAmerica

Mojisola wrote: »

Wouldn't this only be used if the claimant had been financially dependent on the deceased?

Edited - I see there are some court rulings that have given money to people who weren't financially dependent.

In this situation it's probably not the best route to go down because you're right, it is mainly for the people financially dependent on the deceased, but it is an option that could be considered.

Mojisola

Tabby026 wrote: »

Hi, my husbands mum is on her own is 85 and has made a will. His brother has said everything in her will property & savings, has been left to him, as he is her favourite.

I know some people consider it unseemly to think about inheritance while someone is still alive but, if your MIL has been under pressure to make a will leaving everything to one child, I can understand your OH getting upset.

The first thing to do is for your OH to talk to his mother. If she confirms the contents of the will, it's worth asking why she's done this. It's happened before that an elderly parent has been told to "leave everything to me and I'll share it out properly - it will be much easier to do it that way". She may have no intention of leaving your OH without anything.

On the other hand, she might say that her other son is the one who is always there when she needs help and that she wants to repay him for all his care and attention.

CaptainAmerica

Tabby026 wrote: »

Hi, my husbands mum is on her own is 85 and has made a will. His brother has said everything in her will property & savings, has been left to him, as he is her favourite. Is there any way, in the event of her death that the will can be contested? QUOTE]

In some cases ‘undue influence’ will be relatively easy to spot. (e.g. When a child is favoured by their parents in preference to sharing their estate equally between all their children, and that child is present in the room when the parent was making their Will.) More usually ‘undue influence’ is a subtle form of pressure.

Where was the will drawn up? who drew it up? was your BIL in attendance when the will was being executed?

nom_de_plume

Mojisola wrote: »

It's happened before that an elderly parent has been told to "leave everything to me and I'll share it out properly - it will be much easier to do it that way".

Good point!

John_Pierpoint

Yet another account of a situation that is hearsay twice?

Can we assume that the will is not ignoring a priority beneficiary in the form of HMRC ?

What happened when FIL died ? What did his will say? Have the parents already made gifts to either of their sons ? Who now owns the house (3 quid at the Land Registry to find out).

Time to bypass both the children, who are probably well established in life anyway. and leave the estate to the grandchildren or in trust for the grandchildren ?

madbadrob

John,

HMRC are not a beneficiary they are a debt to the estate. The fact is the will should always start with after all my just debts have been settled so therefore no will is forgetting HMRC. The OP wasnt asking about debts she was asking if there was anything they could do with regards to how the MIL has written the will.

John_Pierpoint

OK legally it is a liability but in reality it works like another unnamed beneficiary.
The way it is apportioned against the other beneficiaries can depend on the way the will is written and this is not an unpaid bill owing to the milk man, it can easily be a five or six figure sum lobbed into the estate, that the testator did not appreciate.

In parts of London it can grab the roof over the head of people who are asset rich but cash poor.
They just happen to have lived in a 4,000 quid terraced house for the last 50 years and perhaps got divorced somewhere along the way.