Can siblings contest my will?

Josiebird

I have recently instructed a solicitor to write a will. I have included two cash gifts to named friends but I do not want to leave my two sisters (or other family members)anything. My sisters have made our family life miserable, they're lazy, claim benefits for everything and have done most of their adult lives. They have stolen from us, lied their way out of things, have and are involved with drugs and have been a constant drain on us.
We only hear from them when they're in debt and need us to bail them out....after 30 years of it, I've now said NO. Needless to say, we don't hear anything from them
They have been absent for the 16 years I have looked after both parents without claiming for either of them, to the detriment of my own personal life, social life and business dealings.
I want to leave a residual legacy to a charity for my pets welfare. I'd like to think the money would be used to benefit others.
How can I protect my will from being contested by them?

Valli

If you've instructed a solicitor to write a will then he or she would be the person to direct this question to.

Flugelhorn

I think the usual advice is that non financially dependent adults would not be able to make a successful claim against a will like that.

Other options are to make it clear that they have not been forgotten in the will and there absence is what was intended - possibly leave them a very small amount??

*Not a DIY job - ask the solicitor

Pollycat

Valli wrote: »

If you've instructed a solicitor to write a will then he or she would be the person to direct this question to.

+1 to this ^^^^

Has the will already been drawn up, witnessed and signed?
If yes, did you have a detailed discussion with the solicitor about your specific requirements and concerns?
Does the will reflect your wishes?


If you're not at that stage yet, you need to explain your circumstances and concerns to your solicitor.

[Deleted User]

I have similar siblings and got a will drawn up and made a statement in it stating Ms x and Ms Y should not get anything from my will. Let them contest.

Keep_pedalling

It is very hard for a child to successfully challenge a parent’s will, someone challenging a siblings will would be almost impossible. They would only succeed if they could prove the will was invalid for some technical reason, or that it was drawn up while the testator did not have the mental capacity to do so.

Getting you will done by a solicitor will give them no chance. Have your parents got their wills in place?

Yorkshireman99

Keep_pedalling wrote: »

It is very hard for a child to successfully challenge a parent’s will, someone challenging a siblings will would be almost impossible. They would only succeed if they could prove the will was invalid for some technical reason, or that it was drawn up while the testator did not have the mental capacity to do so.

Getting you will done by a solicitor will give them no chance. Have your parents got their wills in place?

It mainly depends n financial dependency which in the case of siblings is very very unlikely.

Magnolia

Flugelhorn wrote: »

Other options are to make it clear that they have not been forgotten in the will and there absence is what was intended - possibly leave them a very small amount??

I like this one - maybe a whole 1 pence to use for their own benefit!!

Not sure this is sound advice or maybe it is just something in a good drama.

Josiebird

I posted this following the meeting with the solicitor! He's in the process of drawing up my will and said that despite me explaining the situation, they could still contest it.
He said to include a letter of wishes to add to the will- this would be given to a judge should they contest. It should explain the reasons why I have left them out & perhaps the judge would be understanding....
I'm a little cross though as I've been so careful with everything and saved hard. I'm paying for the will yet there doesn't seem to be a way of fully safeguarding my wishes.
THANK YOU all for taking the time to reply though, very kind of you

Josiebird

Keep_pedalling wrote: »

It is very hard for a child to successfully challenge a parent’s will, someone challenging a siblings will would be almost impossible. They would only succeed if they could prove the will was invalid for some technical reason, or that it was drawn up while the testator did not have the mental capacity to do so.

Getting you will done by a solicitor will give them no chance. Have your parents got their wills in place?

Hi, they had, split equally three ways. Since Dad died two years ago, I have asked to be removed from Mums. There will be untold arguments.
When Dad died, instead of helping to support Mum, who is also seriously ill, one sister took Mum to court for her share of Dads ( something they can do under Scottish rule), thousands of pounds later, she was unsuccessful. She received free legal representation.
I don't want to say what she did in retaliation but it was just awful.
I've suggested Mum just leaves them half each. I care for mum full time and we're the best of friends but she is rapidly deteriorating. I'd rather share time with her than be part of things when she's not here.
The others know she's poorly but won't visit and have forbid the grandchildren and great grandchildren to visit too.... this is the worst part for mum.
Her funeral arrangements are all sorted (as are mine, we're quite matter of fact with most things) and her friend is the executor knowing her wishes too.
It's very sad indeed

Josiebird

Hi pollycat, I'm new to posting and forums and have popped a post lower down in reply - I have had 2 lengthy, expensive meetings with him. I'm going in next week to finalise things but am trying to tie things up neatly (and tightly)
He's the one who told me that they could contest my will regardless of my wishes which led me here
Thank you for your time