Will dispute

tara1964

Yes she did purposefully leave him out, she knew exactly what she was doing and the solicitor spoke to her on her own and informed her that the will could be contested because of leaving him out and that's why they addressed a letter to him explaining the reasons. We are waiting for probate to be granted M.E but because this caveat is now in place we cannot continue until like trouble in paradise says he either backs down under his own legal advice, or it goes further. I know he will take it as far as possible.

pollypenny

As your mother has very clearly explained her reasoning for the will, he will probably be wasting his money. His solicitor should explain that, unless, of course, the solicitor fancies a long, money- making fight.

madbadrob

ME Whilst I like your response it is not legally correct. May I advise you to read http://www.amdsolicitors.com/news/i-have-fallen-out-with-my-child-can-i-leave-him-out-of-my-will . This is very similar to the OP's and it has set common law.

Rob

tara1964

Would he have a claim under the inheritance act, I know it says you have to show you were financially independent on the testator which he wasn't, but I have seen some cases on here where estranged adult non dependants have won a claim.

madbadrob

Highly unlikely to be fair but if he can show he had tried to reconcile but your mother had been anti that then he could have a claim. Of course this is all assuming you are in England and not Scotland. In Scotland it is just about impossible to dis-inherit anyone.

Rob

madbadrob

Another thread on here is of a similar nature to this one and googling illot v mitson will show that just because the mother has written a letter explaining why she was disinheriting the son doesn't mean a court wont grant them money from the estate.

This case has opened up a major can of worms and the only way it will be settled one way or another is for some statute to be passed by the government.

Rob

madbadrob

Mojisola wrote: »

There's a USDA publication - Complete Guide to Home Canning - available on the net.

This is also worth a read - https://www.cdc.gov/features/homecanning/

Whats that got to do with this thread?

Mojisola

madbadrob wrote: »

Whats that got to do with this thread?

Nothing - had two threads open and posted on the wrong one!

tara1964

Just read illot v mitson, that's worrying and so wrong! Whats the point in making a will if it can be overturned!!

M.E.

madbadrob wrote: »

ME Whilst I like your response it is not legally correct. May I advise you to read http://www.amdsolicitors.com/news/i-have-fallen-out-with-my-child-can-i-leave-him-out-of-my-will . This is very similar to the OP's and it has set common law.

Rob

My case was different from OP, my brother was not mentioned at all and 4 out of 5 children thought this very odd. Youngest child had mysteriously become the residuary beneficiary so refused to communicate.
This happened before 2011, so in my case my brother's caveat would have had two reasons.
Outcome was £80,000 costs from the estate as the executor a firm of solicitors who could not get their facts right in actually drawing up the will, and could not show that had communicated with my mother about them becoming executors anyway. The Court passed the will, as was, but did not allow the solicitor and 5th child costs at all. However justice was served on the vexatious 5th child (daughter) as the solicitor WAS awarded executorship and took his costs from the estate in proving the will. Left my sister with £10 as the residue from monetary assets.

As it transpired, over the time that the case came to court, the property involved increased in value by well over £80,000. Under the terms of this last will the money from the sale of the property went to grandchildren from all the 5 children. A wise judge indeed!