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A few Questions, Advice Needed.

Hi all.
I'm after some advice to put my mind at rest. I'll be ringing my solicitor in the morning for an appointment but I want to do some research first so I know what to ask him. (Google is giving me millions of pages, which isn't helpful!)

Quick background - Dad died recently, leaving 4 daughters from 2 marriages. 3+4 are executrices, the estate (i.e. bank account) has been distributed. 3+4 applied for probate, it was granted a couple of weeks ago. Daughters 1+2+3+4 got an equal share of dad's bank account, 3+4 also got his house (transferred a few years ago, not inherited in the will although it was reiterated in the will).

1+2 now want to contest the will. They want "a more equal share" as we are all dad's daughters. They are prepared to go to court to achieve this. They don't feel as thought they have been recognised by dad, and feel they deserve financial reparation. 4 agrees with 1+2 and they have "come to an agreement". They are now asking the same of me. If I agree to pay 1+2 £15k each they will not take it any further. If I don't they will start legal proceedings and assured me they would win and I would get stuck with all the costs.

My questions are these -
On what grounds can you contest a will? Does being an equal daughter mean you can be awarded an equal share? (By equal daughter I mean not a step daughter or whatever.)
Which websites should I be looking at for decent advice? Which ones can you recommend?
Other than the obvious questions, anything I should ask the solicitor? He's the one who drew up the will.
Contesting a will is expensive, but can anyone give me ballpark figure?
Do these sorts of cases win? Would I be stuck with all the costs?

Thanks for any replies :)

Edit: I don't want to go to court, but I don't want to give them money to stop it either!
Shout out to people who don't know what the opposite of in is.
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Comments

  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 12 February 2018 at 12:05AM
    Hi all.
    I'm after some advice to put my mind at rest. I'll be ringing my solicitor in the morning for an appointment but I want to do some research first so I know what to ask him. (Google is giving me millions of pages, which isn't helpful!)

    Quick background - Dad died recently, leaving 4 daughters from 2 marriages. 3+4 are executrices, the estate (i.e. bank account) has been distributed. 3+4 applied for probate, it was granted a couple of weeks ago. Daughters 1+2+3+4 got an equal share of dad's bank account, 3+4 also got his house (transferred a few years ago, not inherited in the will although it was reiterated in the will).

    1+2 now want to contest the will. They want "a more equal share" as we are all dad's daughters. They are prepared to go to court to achieve this. They don't feel as thought they have been recognised by dad, and feel they deserve financial reparation. 4 agrees with 1+2 and they have "come to an agreement". They are now asking the same of me. If I agree to pay 1+2 £15k each they will not take it any further. If I don't they will start legal proceedings and assured me they would win and I would get stuck with all the costs.

    My questions are these -
    On what grounds can you contest a will? Does being an equal daughter mean you can be awarded an equal share? (By equal daughter I mean not a step daughter or whatever.)
    Which websites should I be looking at for decent advice? Which ones can you recommend?
    Other than the obvious questions, anything I should ask the solicitor? He's the one who drew up the will.
    Contesting a will is expensive, but can anyone give me ballpark figure?
    Do these sorts of cases win? Would I be stuck with all the costs?

    Thanks for any replies :)

    Edit: I don't want to go to court, but I don't want to give them money to stop it either!
    From what you say there is little chance of them successfully contesting the will unless they can prove that they were financially dependent. It would be very expensive for them to start sy £20K.
  • Thanks Yorkshireman.

    Dad did give out his money from time to time, but they certainly weren't dependent.
    If it's around £20k to start, it might end up costing what they're asking for.
    Shout out to people who don't know what the opposite of in is.
  • Previous thread for info: https://forums.moneysavingexpert.com/discussion/5746396

    They probably won't win a court case, but what impact will refusing to share the inheritance have on your relationship with your 3 siblings? You have got plenty, if I were you I'd give them the 15K, I agree with your younger sister.
  • But isnt this the house that was transferred into 3&4s name before the dads death?

    Then surely he cant have left it (even though he mentioned it in his will) to 3&4 because it was, at the time of his death not his?

    From memory 1&2 bullied 4 into agreeing to give them money & are now trying to do the same with you.

    Hopefully your solicitor will tell you to tell them to take a running jump & if needs be will follow this up for you with a letter to them saying that - what ever your solicitor charges to do this it wont be £15k
  • My relationship with 1 is just civil, with 2 was non-existent but is now nothing but insults, arguments and nastiness, with 4 is strained but basically ok.
    For me it isn't about the money, or how much each of us has. It's a point of principle. Dad knew what he was doing when he wrote his will, and for them to wait til now to say they want financial reparation for the issues they have with him is just plain wrong. And to say "give us £30k or we'll take you to court" is extortion. Sisters that you have to buy are not sisters IMO. If it came to it I could live without them, and probably will.
    Shout out to people who don't know what the opposite of in is.
  • Yeah that's the one gettingtheresometime. Red-Squirrel has linked my other thread (I wouldn't have a clue how to do that!).
    The will is from 2003, he transferred the house 4 years ago. So when he wrote the will we would have been inheriting it, but now it's a different story.
    Shout out to people who don't know what the opposite of in is.
  • konark
    konark Posts: 1,260 Forumite
    As has been said, Nos 1 & 2 can't have any share of the house because it is not part of the estate. Hopefully your sisters will seek legal advice on the matter and desist from this futile quest.
  • 2 said they!!!8217;ve had legal advice, which was to approach me about it informally before going down the formal route i.e. court. She said they!!!8217;ve no problem with the court route, and when they win I!!!8217;ll be stuck with all the costs. I calmly said I!!!8217;d get legal advice before answering.
    I was looking online for hours last night, and I can!!!8217;t find any backup for the !!!8220;all equal daughters get equal share!!!8221; statement. Contesting a will seems to be more about the will itself (not written by a solicitor, fraud, coercion, signed by someone of an unsound mind etc - none of which apply here) rather than not liking it!!!8217;s contents.
    Shout out to people who don't know what the opposite of in is.
  • silvercar
    silvercar Posts: 49,919 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    2 said they've had legal advice, which was to approach me about it informally before going down the formal route i.e. court.

    Which could be translated as:

    they took legal advice
    the legal advice said they don't stand a chance in law
    try reaching an informal agreement before wasting any money.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    If they have been formally told not to bother contesting the will as they have no valid grounds, then to continue asking for what they think is 'rightfully theirs' is harassment.

    Keep a record of all communications, and don't be drawn into any arguments. Above all don't let sentiment/family ties get in the way. If they had any respect for others, they would not being doing this.
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