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Contesting wills

Hi

I have what might be a very unique situation here so I'm hoping for a bit of advice/feedback. Feel free to comment as you wish but please keep any judgement of me to a minimum, it will be difficult for you to know the backstory and therefore the position I am in.

My father has never been around throughout my whole life, and therefore I have never known that side of my family, although they will have known of my existence. The decision of no contact was specifically their choice. I recently made contact and got a frosty reception to say the least. In a somewhat freak occurrence my contact coincided with the passing of his mother.

Would an “unknown” grandchild having any rights in terms of contesting of the will? It isn’t necessarily something I would pursue but I ask more out of interest than anything else. It is unlikely that I would be included but as my father has other children, surely I am entitled to the same as them, if anything was left to them at all?

Thanks
«1

Comments

  • thorsoak
    thorsoak Posts: 7,166 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Why should you contest the will of someone who does not know you?

    Unless you could prove that you have been dependent upon money from the deceased could you have any right to anything from her estate or if she were to die intestate - without leaving a will - could you claim anything.

    A will is the last wish of the testator, leaving her wordly goods to those to whom she wishes them to go. If she were to leave everything to the Cats' Home, then you'd still have no right to claim.
  • madbadrob
    madbadrob Posts: 1,490 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Has thors says you have no rights whatsoever to anything from your paternal grandmother. To contest a will is costly and would require you having grounds to do so. Just because you are a blood relative is not sufficient enough. In England and Wales there are no laws regarding protected succession and even if there was that would only be for the deceased's children.

    No matter what the back story to this is really doesnt matter.

    Rob
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    BB_2013 wrote: »
    [/FONT][/COLOR]
    Would an “unknown” grandchild having any rights in terms of contesting of the will? It isn’t necessarily something I would pursue but I ask more out of interest than anything else. It is unlikely that I would be included but as my father has other children, surely I am entitled to the same as them, if anything was left to them at all?

    Thanks

    Even if you had been a close member of the family, you wouldn't be "entitled" to anything.
  • freda11
    freda11 Posts: 236 Forumite
    Don't do it unless you want to spend thousands, take it from me!
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    If your father dies without making a will then you would have the right to a share, estranged or not, but you have no right to anything from your grandmother's estate.


    No grounds to claim or contest in the circumstances you have described.
  • System
    System Posts: 178,415 Community Admin
    10,000 Posts Photogenic Name Dropper
    dzug1 wrote: »
    If your father dies without making a will then you [STRIKE]would[/STRIKE] may have the right to a share, estranged or not, but you have no right to anything from your grandmother's estate.


    No grounds to claim or contest in the circumstances you have described.
    Corrected for you. It all depends on the circumstances
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • madbadrob
    madbadrob Posts: 1,490 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    !!!!!! as the biological daughter she would have a claim against her fathers estate so long as she could prove he was her father. This is usually done by his name appearing on the birth cert. Doesnt matter if they have ever lived together or not
  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What if the grandmothers will had said i leave x to my grandchildren
    Vuja De - the feeling you'll be here later
  • System
    System Posts: 178,415 Community Admin
    10,000 Posts Photogenic Name Dropper
    madbadrob wrote: »
    !!!!!! as the biological daughter she would have a claim against her fathers estate so long as she could prove he was her father. This is usually done by his name appearing on the birth cert. Doesnt matter if they have ever lived together or not
    It is MAY because we do not know whether the estate will be more than £250,000 and there is no wife. There is only a claim by children if there is no wife or the estate >£250,000. (E, W & NI, Scotland is different)
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pelirocco wrote: »
    What if the grandmothers will had said i leave x to my grandchildren

    Then she wouldn't have to contest the will - just prove that she was a blood grandchild.
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