Will dispute

little_miss_muppet_face

tara1964 wrote: »

Without going into too much detail, yes he was horrid and caused nothing but problems. He walked out on the family 16 years ago saying he wanted nothing more to do with us, and he wished my mum dead!! She wanted him to have nothing! Personally I wish she had left it to the dam cats home.

Oh dear, not great.


In scotland it is very difficult to disinherit your children.

tara1964

It seems to be so easy in England. Makes a farce of making a will. Your loved ones leave a will, do everything legally and binding and yet someone can stop it mum would be turning if she knew. I think if I get a terminal illness I will sell my house and cash in my monies and hand it all to my kids. We now will have to thrash this out in court, so my solicitor is asking for monies up front because if we win we want our costs back from him.

madbadrob

Tara,

You would be surprised how few wills get into this situation. The other solicitor should be advising his client after a Larke v Nugus app that he doesn't have grounds. The costs issue is another problem has it will be down to the courts to determine if costs are to be applied to either party.

With regards to your comments regarding selling etc if you did that they would still be liable for IHT and if you need hospice care you could be classed as deliberately depriving youself and the money recovered from your children to pay for your care fees

Rob

tara1964

Thanks Rob. That's what I cannot understand. Unless they have found something untoward, but like I said the L v N which the solicitor filled in confirmed the will was completely as it should of been. I think your right and he is hoping I will give in to him but I will not.


I won't really sell my house. I'm just cheesed off cos its just seems so easy for someone to stop a will.

tara1964

I must stop googling things lol as I keep reading too much info. Mum died from cancer, when she made the will she had only been diagnosed with it for about 2 month and was on a low dose of painkillers not sure whether she was on morphine or not, if she was it was a very low dose. She didn't start to deteriorate and go on a high dose of morphine until 2 months before she died. She died in March this year and made the will in July 2012.

So now I have just found this on the internet:

Medical records and evidence

Pursuant section 3 (1)(f) of the Access to Health Records Act 1990, an application for access to health records of the deceased may be made by the patient’s personal representative and any person who may have a claim arising out of the patient’s death. The medical records may suggest loss of capacity or mental or physical impairment. The deceased’s GP should also be approached in order to obtain details of the level of testamentary capacity the deceased had around the date when he gave instructions to prepare the will and when the will was executed. The GP should also be asked to comment on any medical conditions the deceased may have had and whether any treatment he was undergoing may have affected his mental state and susceptibility

madbadrob

Yes and that is what you will need and he will need to prove either way. That said you state the will was written in 2012 2 months after being diagnosed with cancer and what meds she was on and what the dosage was will be the crux of this case. I would be surprised if at this stage she was on morphine at all tbh.

Where was the will written and who were the witnesses?

Rob

M.E.

The ONLY reason at this stage is if the brother has been left out of the will, ie no mention at all, whatsoever, even obliquely then he can put a legal challenge as a caveat; as under the rules of inheritance/intestacy he would have been a beneficiary.
Really read and re-read the will.
If his name is in the will at all... then he has no claim.
If his relationship to your mother is mentioned ie my son (and he is the only son) then he has no claim

Ideally there should be a clause..such as
I leave my son nothing.... or
I give all ONLY to my daughter (name or no name if there is only one daughter).
It is irrelevant what the will actually says, at this point, as his only claim for a caveat is if he is not mentioned.

So please read and re-read the will. If he has truly just been left out, no mention then he can initiate the caveat.
As Executor you can apply for probate, your brother's caveat will be examined by the Probate office and a meeting with the "Master" will be arranged.
DO NOT INVOLVE SOLICITORS.. they will promise the earth and get your "mum's estate" to pay for it.
Do I sound as though I've been there! Done that! Got the T shirt!
Yup
PM if you want help

tara1964

Will was done at mums house and her neighbour who is a long-term friend and husband witnessed it. Solicitors already involved. No mention of him in will until the end where it says she leaves son xxx nothing. There is also a separate letter explaining why, because of fallout and not having anything to do with her for past 16 years.

troubleinparadise

tara1964 wrote: »

Will was done at mums house and her neighbour who is a long-term friend and husband witnessed it. Solicitors already involved. No mention of him in will until the end where it says she leaves son xxx nothing. There is also a separate letter explaining why, because of fallout and not having anything to do with her for past 16 years.

Simplistically as a non-legally trained person it sounds as though M has covered the issue as to the non-beneficiary.

He is making a big fuss which may carry no weight legally, but which has to be addressed in the short term.

There are many legal processes which allow this to happen (think unfair dismissal, complaints to Office of Public Guardian etc) which give the opportunity to the complainant to raise an issue even if there is no solid legal evidence, but which have to be examined if raised.

That is good on the one hand if there is a genuine case, but painful if you are the defendant vs a vexatious litigant. Which it sounds in your case as you have presented it.

Unfortunately you will have to run with this until he either backs down under his own legal advice, or it goes further.

M.E.

Seems that Mum purposefully left your brother out, so he has absolutely no claim whatsoever.
Go ahead to probate.
As an explicitly excluded "potential" beneficiary any claim made by him will be dismissed at the first stage of submission. He has no chance whatsoever.