Contesting a will

Hello,

I hope someone out there may have some advice.
A friend of mine learned a couple of weeks ago that she has been left 25% of her partners estate. They have been together but not married for around forty years but he sadly died late last year, she had no idea of the contents of his will. As far as I know it was properly and legally written and witnessed etc.
Last week she discovered that one of his two children has decided to contest the will. The two children (both 50 years + old) were left the balance of 75% between them. The son seems to think he should have what my friend was left too.
During his lifetime my friends partner bought his son three houses - the son selling each and keeping the money before asking to be bought another. I believe his sibling was bought one property. Her partner also gave his two children an income since childhood enabling them to spend the last three decades travelling and generally loafing about. Neither have ever worked.
I know that she needs to go and get legal advice. The problem being is that she is now just about penniless.
The solicitor that held the will has told her that she needs to fight this (of course) but seems to be billing her willy-nilly - £350 this morning to send a letter.
I know she's being ripped off but I don't know what to tell her to do. What kind of costs should she be looking at?
What are the chances of him being successful, if they are good should she stop fighting and keep what little she has left? Or would he be laughed out of court for being greedy?
I believe the total amount is around £100k.
Not that it has much bearing on this but in the twenty plus years I have been friends with this couple not one of his children visited him or even telephoned. They just got a phone call once in a while when either one of his children needed more money. My friend spent many years looking after her partner and nursed him through ill health until his death in a nursing home because she could cope physically anymore.
As I said, I'm sure she's being ripped off so if anyone could cast any light on this I, and she would be extremely grateful. I hope I haven't made all this sound too garbled!!!
Thank you.
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Comments

  • Keep_pedalling
    Keep_pedalling Posts: 16,439
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    edited 31 March 2016 at 9:39PM
    I would think it highly unlikely that such a challenge would succeed so she should not concede. The resposabilty of defending a challenge is held by the executor, and the cost of the defence should come from the estate. Who is the executor?
  • Ah, thank you. I need to check but Ive got a feeling that his son is the executor.
    I'll speak to her tomorrow and tell her that the costs for defence come from the estate.
    I really appreciate that, thank you.
  • Keep_pedalling
    Keep_pedalling Posts: 16,439
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    If that is the case I would say the executor needs to be removed as there would be a clear conflict of interest.
  • Marktheshark
    Marktheshark Posts: 5,841
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    I would say she should file her own contest of the will.
    After 40 years living as what was known on old money as common law wife the judges are far more likely to up her stake on the will to what she would have received if married under interstate rules.

    I would look at counter claiming the contest and up the stakes for them, if they have even half a brain they will throw the towel in whilst they are winning.

    Up the stakes on the greedy pair of layabouts, they thought they were going to rob you and get hit back with the threat of getting diddle squat, would pay to be a fly on the wall of their solicitors when they read that one out loud.

    It can and has been done, that's the trouble with contesting a will, if it is counter claimed they can end up with the judges agreeing with them, the will sucks and this is exactly what you deserve you pair of spoilt brats.
    I do Contracts, all day every day.
  • Keep_pedalling
    Keep_pedalling Posts: 16,439
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    Only one of the layabouts seems to be a greedy bar steward.
  • paddy's_mum
    paddy's_mum Posts: 3,977
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    If this lady was financially dependent upon the deceased, it may be she who has a strong claim on the estate for further financial provision, despite what the will says.

    Stick that in the executor's pipe!
  • Gavin83
    Gavin83 Posts: 8,739
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    Where has her money gone from the last 40 years? Surely she was earning as well? Did she not contribute to the house?
  • Mojisola
    Mojisola Posts: 35,551
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    A friend of mine learned a couple of weeks ago that she has been left 25% of her partners estate. They have been together but not married for around forty years but he sadly died late last year, she had no idea of the contents of his will. As far as I know it was properly and legally written and witnessed etc.

    Last week she discovered that one of his two children has decided to contest the will. The two children (both 50 years + old) were left the balance of 75% between them. The son seems to think he should have what my friend was left too.

    I think she should be contesting the will. At the very least, she should be asking for the right to stay in the home. The children's share could be kept in trust so that they inherit after she dies.
  • antrobus
    antrobus Posts: 17,386 Forumite
    ...Last week she discovered that one of his two children has decided to contest the will. ....

    Without knowing on what specific grounds the will is being contested it would be difficult to say anything.
    I would say she should file her own contest of the will.....

    That's not actually contesting the will. What I think you mean is that she should make what is often known as an inheritance act claim; as in she is entitled to reasonable financial provision, which would be more than the 25% that she got.

    Which would be fair enough.

    See the
    Inheritance (Provision for Family and Dependants) Act 1975
    http://www.legislation.gov.uk/ukpga/1975/63
  • Keep_pedalling
    Keep_pedalling Posts: 16,439
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    Mojisola wrote: »
    I think she should be contesting the will. At the very least, she should be asking for the right to stay in the home. The children's share could be kept in trust so that they inherit after she dies.

    The OP said property, it does not mention her home. It is quite possible he already provided for her with a jointly owned property that falls out of his estate, in which case a challenge would probably not be appropriate, otherwise I tend to agree.
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