Contesting will under inheritance act

masters02

My father passed away a few months ago, and left me £25k out of his net estate of over a million pounds (the vast majority of which was left to his carer). I am considering contesting my father's will under the inheritance act, on the grounds that he had never provided for me while I was growing up and promised me twice in my teenage years that he would make sure I was financially "well taken care of" when he would pass away. Do I have an eligible case at hand?

For some quick personal background that would be relevant: I am 25 years of age, possess an undergraduate and graduate degree, currently unemployed, and live in England. Also, my mother was not married to my father.

Any advice would be much appreciated!

rpc

masters02 wrote: »

he had never provided for me while I was growing up

I don't think that's relevant, unless there are debts to be claimed from the estate (such as outstanding child maintenance - but that would be owed to mum).

promised me twice in my teenage years that he would make sure I was financially "well taken care of" when he would pass away.

Not relevant - the only promise that matters is the one recorded in the will.

Do I have an eligible case at hand?

You'd be better asking a solicitor (or barrister), but my view is no.

The claim would be if you were financially dependent on the deceased and it sounds as though you are not.

You say that you live in England - what about your father? If the will is executed under Scots Law you have "legal rights" to 25% of the moveable estate.

TBagpuss

Probably not.

You are an adult, so he did not have an automatic obligation to support you.
He has made provision for you - it's jut less than you would like
In terms of his comments about making sure you were 'taken care of' - was there anything you did , to your disadvantage, in 'return'. In some cases, promises like this **may** be relevant, but generally only where the promise was relied upon and the recipient gave something in return, such as caring for the testator, working for free etc.

Courts can take into account your needs in considering what is reasonable, but I suspect that given you are young, healthy with no reason why you should not be able to work, it is unlikely that a court would see it as unreasonable.

Maybe your dad felt that it was reasonable to give you some 'seed money' but that you should make your own way in life?

Obviously if you see a solicitor they will be able to give you more detailed advice, tailored to your personal situation.

TBagpuss

just to add - the fact that he did not support you when you were growing up would make your case weaker, not stronger - as it is evidence that you were not financially dependent on him.

lavalamp

Saying he may have written the will 20 years ago, £25k would have been a lot of money - maybe that's why he said you would be well taken care of?

greenval

OP
You raised this issue in your previous thread about the availability of legal aid to pursue a claim under the Inheritance Act. The consensus was:-
Legal aid would not be available
Your claim had little or no merit
See a solicitor for proper legal advice before embarking on expensive and potentially fruitless litigation.
Nothing has changed, nothing anyone on here says will make the situation change. Make an appointment to see a solicitor who specialises in this area of law. End of story

sneekymum

I heard the best way to cut someone out of a will was to leave them a small amount. That way they can't complain they've been overlooked. Anyway, £25,000 is not a small amount. Most people don't inherit that.

lovinituk

https://forums.moneysavingexpert.com/discussion/5098718

freda11

some on here will remember I am involved in a will dispute (2 yrs now) and it seems the son who was left out of the will may have a claim and we are being urged to settle out of court. He has no evidence, there was a letter in will to him explaining why he had been left out (no contact between father and son for years, son fell out with father). This son slapped caveat on probate saying the will was void as dad lacked capacity - he has no proof (we do) yet we are being asked to give him thousands!!

nom_de_plume

lavalamp wrote: »

Saying he may have written the will 20 years ago, £25k would have been a lot of money - maybe that's why he said you would be well taken care of?

I can't see any reference to 20 years in any of the OP's posts.

Just how old is the will? Is there any possibility of coercion on the part of the carer who stands to benefit from the will?

lavalamp

nom_de_plume wrote: »

I can't see any reference to 20 years in any of the OP's posts.

Just how old is the will? Is there any possibility of coercion on the part of the carer who stands to benefit from the will?

No there isn't, you're right. I was just speculating that if it was an old will, £25k would have seemed a lot more money at that time than it does now and maybe that's why the father said he'd be well taken care of.