In will but not told until it was too late to contest

kldubbleu

Hi, just wondering if anyone could give some advice about contesting a will after 6 months have passed since grant of probate? I was left a very small 'token' amount in my grandad's (my dad died before my grandad) will but wasn't told by the executors (also the main beneficiaries, who received a substantial sum) until 9 months after the grant of probate had been issued.

When I contacted a solicitor at the time they said there's nothing you can do once it's been through probate but I've recently found out I had 6 months from when it was issued to contest it (which is obviously why the executors left it 9 months). I also wasn't even informed by the executors themselves, one of them had their husband send a text to my mum. As I wasn't informed within the 6 months is there anything I can do?

Savvy_Sue

On what grounds would you have been contesting the will? Was your grandfather supporting you financially? 

Your grandfather was at liberty to leave his estate however he wished. He chose to leave you a token amount. He could have chosen to leave you nothing. 

SevenOfNine

Are you saying you've never received the inheritance your grandfather left you in his will, or that you don't consider that it was enough?

It sounds as if grandfather left the bulk of his estate to his offspring, of which your dad was one. Sadly he predeceased his father & the will wasn't written to take such an eventuality into account.  So your dad's siblings just did as the will instructed, you, (possibly along with other grandchildren) just got a small token & the siblings shared the bulk.

Though this is somewhat mean of them IMO, personally I'd have tried to bully my siblings into considering a DoV to give you a little bit more (though nowhere near the entire sum you dad would have got had he still been alive), or simply to 'gift' you a bit of each ones share. 

Sadly, greed takes over when someone dies.  The situation I've described could happen on my mothers death if myself or either of my 2 brothers die before her - she has also only left £250 token sum to each of her grandchildren.  Thankfully I'm not greedy, I'm executor of her estate & as long as it's not me who dies before her, both my brothers will do as I tell them in spite of the fact we're all in 60's/70's & I'm the youngest.  I'll say "jump" & either of them would say "how high".  Unfortunately your grandfather should have considered revising his will when your dad died, but he didn't (my mother won't either).  Doesn't sound like grandfather wasn't supporting you either so contesting sounds impossible.  Perhaps you could consult a contentious will solicitor on a no win, no fee basis - but be mindful that if you lose you may be landed with the costs to the opposite side. No win, no fee isn't exactly "no costs"!

If the problem is that the family have not even given you your token sum, ask for it in writing to each one that was an executor of the will.

Dox

kldubbleu said:

Hi, just wondering if anyone could give some advice about contesting a will after 6 months have passed since grant of probate? I was left a very small 'token' amount in my grandad's (my dad died before my grandad) will but wasn't told by the executors (also the main beneficiaries, who received a substantial sum) until 9 months after the grant of probate had been issued.

When I contacted a solicitor at the time they said there's nothing you can do once it's been through probate but I've recently found out I had 6 months from when it was issued to contest it (which is obviously why the executors left it 9 months). I also wasn't even informed by the executors themselves, one of them had their husband send a text to my mum. As I wasn't informed within the 6 months is there anything I can do?

You don't seem to have any valid grounds to contest the will regardless of the timeframe. The executors are under no obligation to notify beneficiaries of anything until they are ready to pay out bequests. Up to your grandfather to leave his assets as he saw fit - and clearly he felt what he left you was appropriate, which is much nicer than being completely overlooked.

As for the suggestion you should 'bully' others into giving you more...words fail me.

xylophone

It is not clear whether grandfather's will was written before or after the death of the OP's father.
If it was after, then clearly grandfather knew of his son's death and made his decisions accordingly.

If before, and grandfather's will left  the residue after specific bequests  "to such of my children as are living at the date of my death", then that's that.

If the will left  the residue "to be shared between my children", then the OP could have been in line to inherit his father's share.
https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084