Gaining Probate. Will being contested!

Mojisola

antrobus wrote: »

Yes. Anyone can challenge a will if they feel so inclined.

You have to have some valid grounds to challenge a will.

The OP's father is using the "lack of testamentary capacity” reason which seems very likely to fail in this case.

nom_de_plume

paddy's_mum wrote: »

I suggest that before you go spending money on solicitor's fees, you check out exactly how your parents owned the house. If it was as joint tenants, then it was not your mother's to leave elsewhere. If held as tenants in common, that is a different scenario.

A quick google should throw up information on the different types of ownership and an application to the Land Registry should confirm the details of ownership.

I'm sorry for the loss of your mother but also for the additional misery a selfish husband/father is causing for you all.

A valid point but one would hope solicitors have already confirmed this not to be the case else why would a solicitor be acting on behalf of the husband?

paddy's_mum

nom_de_plume wrote: »

A valid point but one would hope solicitors have already confirmed this not to be the case else why would a solicitor be acting on behalf of the husband?

Indeed. One would hope so. However, sometimes solicitors are unintentionally misled by the answers given to them by their clients who genuinely believe that what they are telling the lawyer is truly so.

An example is the new thread entitled He Just Left, in which the OP and her mother firmly believed that what Mother had said should happen would come to pass. It appears that both ladies were labouring under a false premise and it is that aspect that I advised should be checked before spending many hundreds of pounds on perhaps pointless legal fees.

sammyhobbs15

Hi yes the house was my mums to give as she checked these terms before she made the will.
Sam