Will Changed 1 Month Before Mothers Death

Merchandiser2367

Hi All,

Hope someone can give me some advice.

My late mother passed away late last year due to illness but her will was changed 1 month before her death.

She had seperated from my father but told him she had planned to leave anything to my sister'ss daughter - her grand daughter (this was 3/4 years ago).

But the will was changed to leave all her assests to a person we do not know and his children 1 month before she died.

Is there a srong case to contest this will? She would have been on strong strong pain killers etc before she passed.

Grumpelstiltskin

You would be better posting here.


http://forums.moneysavingexpert.com/forumdisplay.php?f=217

lincroft1710

Successfully contesting a will is not easy, "she would have been on strong, strong painkillers", isn't a very good basis.

74jax

Merchandiser2367 wrote: »

.

She had seperated from my father but told him she had planned to leave anything to my sister'ss daughter - her grand daughter (this was 3/4 years ago).

But the will was changed to leave all her assests to a person we do not know and his children 1 month before she died.

What was the will changed from? The same as what she told your dad four years ago or something else?

How long had she known the person she changed her will too? Perhaps she had known him a long time, they had been good to her etc, and knowing the end was near wanted to change her will?

If this happened a year ago, have you started contesting yet?

Mojisola

lincroft1710 wrote: »

Successfully contesting a will is not easy, "she would have been on strong, strong painkillers", isn't a very good basis.

It can be. Some strong painkillers affect your judgment.

I would start with checking whether the will was home-made or written by a solicitor. If a solicitor, did the solicitor take instructions from your mother alone or where the beneficiaries in the room?

Also, talk to her doctor and see how poorly she was in the months before her death. Was she able to make big decisions like rewriting her will?

When did the new beneficiaries come into her life? Have they helping her and caring for her in her last years?

lincroft1710

Mojisola wrote: »

Some strong painkillers affect your judgment.

Agreed, but the OP needs proof that his late mother's judgement would have been affected. My point was that the OP cannot rely on the fact his mother was on painkillers as a reason that the new will should be declared null and void.

The OP hasn't stated if a previous will was found, his mother reportedly saying to whom she was leaving her estate some years ago, doesn't mean a will was actually written to this effect.

I could be wrong, but I get the impression from the OP that the estate could be quite small. If so, it definitely would not be worth pursuing.

swingaloo

The op has another thread started last November in which her mum had just died but the circumstances of the will were different?

pendragon_arther

As far as I know if your mother and father were not divorced the law is, whatever the will says to the contrary, that a spouse is entitled to at least half of the assets.

System

pendragon_arther wrote: »

As far as I know if your mother and father were not divorced the law is, whatever the will says to the contrary, that a spouse is entitled to at least half of the assets.

Possibly in Scotland (have no knowledge) but not in EW

Spendless

Previous threads about this, indicate that they are in Scotland. Could you clarify this please OP?

Merchandiser2367

74jax wrote: »

What was the will changed from? The same as what she told your dad four years ago or something else?

How long had she known the person she changed her will too? Perhaps she had known him a long time, they had been good to her etc, and knowing the end was near wanted to change her will?

If this happened a year ago, have you started contesting yet?

Hi there,

Thanks for your response.

We do not know if a will was changed or this was the first written at this point as was never discussed with us. And we have no idea of the relationship with the beneficiary - just very strange to us she left nothing to her granddaughter when she said she would but did to the beneficiarieschildren.

She passed approx 3 months ago.