Question on Contentious Probate

Mojisola

Tabby026 wrote: »

He did not lay out anything specifically to her in his will.

however if I died first he wanted half to go to his daughter and half to my daughter.

And did your will say the same? If so, he might not have seen any reason to leave money directly to his daughter because he trusted you not to change your will after he died.

How would you have felt if he had changed his will so that, if you died first, all the money would have gone to his daughter?

However, if your step-daughter was to challenge a will, surely it would have to have been her father's will, especially if he had regularly given her money.

I can't see any legal justification she would have to challenge your will.

Tabby026

Yes but does her fee for contentious probate not come of the estate?

FreeBear

Tabby026 wrote: »

Yes but does her fee for contentious probate not come of the estate?

Only if she wins. If she loses, there is every chance that the executors costs could be awarded against her.

Red-Squirrel_2

I think this is a real shame, your husband probably trusted you and thought you were a decent enough person that he didn't need to worry that you would cut his daughter out of your will.

What a betrayal of him and his wishes.

Tabby026

A lot of people have an opinion, which is fair enough, but I have posted on here to get factual information, not someone's personal opinion on a situation they know nothing about. Unless you know the whole story, do not be too quick to pass judgement.

Ms_Chocaholic

You are your late husband will have discussed your wills when you made them I assume and you each decided that, whoever died first, the partner left would honour the other's wishes by leaving half to each of the daughters.

If you had died first, you would have wanted your husband to leave half of the estate to your daughter I presume. I assume this would also have been your husband's wishes before he died.

jackieblack

Tabby026 wrote: »

A lot of people have an opinion, which is fair enough, but I have posted on here to get factual information, not someone's personal opinion on a situation they know nothing about. Unless you know the whole story, do not be too quick to pass judgement.

AIUI:
He left his estate to you, therefore it's yours to do whatever you like with it. Spend it all, give it away, whatever you like. It's your money now.

If your husband wanted to leave anything to his daughter he should have dealt with this in his will (eg he could have created a trust so you were financially supported for your lifetime, with the estate then passing to his daughter on your death) but he didn't. That was his choice.

You can leave your estate (including any inherited monies which are now yours) to whoever you like. That is your choice.

If your stepdaughter thought she was entitled to any of her father's estate she could have contested his will. (She might have had a reasonable claim if he supported her financially before he died).

If you haven't given her any financial support since her father died, and don't in the future, her chances of successfully challenging your will are much less.

SevenOfNine

Tabby026 wrote: »

I have read that anyone can look up a deceased persons probate, so will she be able to find out the total value of my estate after I have passed away.

If nothing changes between now & then, yes, with fairly limited information required to get it plus a nominal fee of a few pounds.

The solicitor has just told me to do a will, letter of wishes and has said that her claim, if she makes one will depend on the law at the time.

Sounds like you were given a frank & accurate answer to your questions by a legal professional already.

TBagpuss

Legally, she *might* be able to make an inheritance act claim. Did she eve live with you and your husband, or did you get together only after she was an adult?

She might be able to make a claim as "any person (not being a child of the deceased) who in relation to any marriage or civil partnership to which the deceased was at any time a party, or otherwise in relation to any family in which the deceased at any time stood in the role of a parent, was treated by the deceased as a child of the family"

I *think* that 'child of the family' would normally only include a step-child who lived with the step-parent as part of the family, but of course as it is a matter of interpretation of the statute that could change!

So she might well fall at the first hurdle.
If she did contest the will, and if the court took the view that that she was entitled to do so, and if they found you had not made reasonable provision for her, it's unlikely that she would be awarded the whole estate, as the court has to consider the claims of the other beneficiary / beneficiaries so would be unlikley to leave your daughter with nothing.

That said, if the background is that more than half the assets came from your husband, and he wanted some of that to go to his daughter, (even knowing that she didn't have a great relationship with either of you) it seems somewhat ungenerous to cut her out completely.

Have you considered an unequal split, giving your daughter a greater share but perhaps giving something to your step daughter (maybe 50% less an amount to take into account the money your husband gave her in his lifetime.

Tabby026

If she did contest, would my daughters assests (savings, household income etc) get taken into acccount by the court regarding how much estate he thinks my daughter would be entitled to verses my stepdaughter?.

She never lived with my husband and I and had never been a resident at our address.