Contested probate

Spaceduster

Hi.

My mother very recently passed away. She left a will that was only drawn up in late November-- just a couple of weeks after my sister turned up on her doorstep after years of not bothering with mum or any of our family . Naturally we a a bit suspicious. The previous will said that mums house would be left to me and my kids and my aunt (mums sister) would get the rest with and a small bequest to our local RNLI station. None of this is reflected in the new will.

Mum did have all her marbles.

I'd really like a solicitor to help me with this - can anone recommended a good one in the Margate aream please?

securityguy

A will drawn up by whom? DIY or solicitors? Who are the witnesses?

In general, undue influence cases are almost impossible to win. Unless you have absolutely clear evidence of malpractice, you have no case. In particular, "another child of the testator turned up and was very persuasive and convinced them to leave them money, even though they were no better than they ought to be and didn't visit" is, assuming the testator has capacity and there is no massive, screaming evidence of duress, is going to be a complete waste of time and money to pursue.

da_rule

Also, what was the effect of the new will? Cutting you and your children and aunt out altogether, or just decreasing the amount you all get?

As has been said, as long as the will has been properly executed then duress can be neigh on impossible to prove. As long as someone has mental capacity, they could change their will 5 minutes before they died, providing it was properly drafted and executed.

Spaceduster

We've been cut out completely. My aunt is distraught. I'm waiting for a call from a solicitor I've found through Oratto so hopefully I will find out what if anything we can do.
My sister can enjoy the house and the money all she likes, I would rather have my mum alive and with us despite her cutting us out of the will.

securityguy

Seriously. The chances of proving anything are approximately zero: it is not up to the testator to explain, nor the beneficiaries to justify, the contents of a will. Testators are entitled to make irrational, hurtful, spiteful, unfair, downright nasty bequests or lack of bequests. The threshold for undue influence is high (essentially, guns to the head) and the threshold for incapacity is similarly low (for example, a dementia diagnosis is not, of itself, a bar to changing a will).

A solicitor who wants to take your money off you will cite Ilott v Mitson [2015] EWCA Civ 797 as holding out hope, but the circumstances of that are very particular. Unless you are in straitened circumstances, such that a reasonable parent would make provision for you, it does not apply (and I suggest that anyone who thinks IvM applies to them reads 51(iv) very carefully: the fact that the charities who were the beneficiaries had no prior connection with the deceased is held to be significant, which would not apply in a dispute amongst family members).

Mojisola

Spaceduster wrote: »

My mother very recently passed away.

She left a will that was only drawn up in late November-- just a couple of weeks after my sister turned up on her doorstep after years of not bothering with mum or any of our family.

The only real hope is that there is a problem with the will - not signed or not witnessed properly.

Your sister wasn't one of the witnesses, was she?

Spaceduster

We don't recognise the names of the witnesses they are unknown to me and my aunt. I'll post again once I've spoken with the Oratto solicitor.

Thanks for all your help.

Yorkshireman99

Spaceduster wrote: »

Hi.

My mother very recently passed away. She left a will that was only drawn up in late November-- just a couple of weeks after my sister turned up on her doorstep after years of not bothering with mum or any of our family . Naturally we a a bit suspicious. The previous will said that mums house would be left to me and my kids and my aunt (mums sister) would get the rest with and a small bequest to our local RNLI station. None of this is reflected in the new will.

Mum did have all her marbles.

I'd really like a solicitor to help me with this - can anone recommended a good one in the Margate aream please?

Was the will drawn up by a solicitor?

FreeBear

securityguy wrote: »

A solicitor who wants to take your money off you will cite Ilott v Mitson [2015] EWCA Civ 797 [free Bailii link] as holding out hope, but the circumstances of that are very particular.

I had a solicitor pointing to that case last year in a feeble attempt to initiate a settlement to a probate I was handling - Instructed him to go and read up on all the rulings (from the original case and subsequent appeals) and a whole bunch of other cases.

The cost of contesting a will is expensive and there is a very small window of opportunity to do so before probate is granted. If the OP wants to extend the window, a caveat could be entered, but could be liable for substantial costs if things don't go his way.


BTW - Has anyone seen the supreme court ruling yet or are they still mulling it over ?

Yorkshireman99

It has not yet been decided. You can see the list of cases still under consideration here.

https://www.supremecourt.uk/current-cases/index.html