Is it woth contecting/Challanging

slackda

Is it worth contesting a will or other potential options-

Bit of background my father died in 2013, but grandparents were still alive .
Shortly after fathers funeral grandparents advised that will had been changed to excluded Step daughter and son (of deceased father) but include daughters of deceased (myself and my sister),
Grandmother passed away in 2016 and grandfather has just passed away we have not seen the will, but have been advised that the grandfathers will was changed recently (we believe under duress, from an aunt), to exclude myself sister
Rumour in family was she was attempting to get the 5th that was due to myself and Sister split across all the grandchildren, but in a confused state grandfater changed will to split his share between 4 surviving children . Apparently out Grand mothers will put her share of property into trust to be shared between 4 surviving children and 2 grandchildren (yet to see this will either) is there grounds to challenge and is it worth it?

Thanks

relaxtwotribes

For clarification:
1. Who inherited your father's estate?
2. Was it a step son who was excluded from your father's will?
3. What was in your grandfather's will before it was changed?
4.  Your grandmother's will gave a share of property to 2 grandchildren.  That would be you and your sister, yes?  So, you and your sister will now receive one sixth of the property.
5. What evidence is there for your belief that the will was changed under duress?  Who drafted the will?  Who were the wtinesses?

slackda

1. step mother
2. no one excluded from father will, myself and sister were excluded from fathers by virtue step mother got everything.
3. As far as aware, was same as grandmothers
4.yes
5. only family rumour that aunt took him to solicitors to get will changed, and the outcome wasn;t as she expected. believe witness and draft was solicitors.

xylophone

Why not close your ears to the rumours and wait until you can see the will?

slackda

the rumour is that the aunt influenced , myself and sister have been assured that the will has been changed

lincroft1710

Challenging a will is time consuming and costly, even more so if you lose!

Brynsam

slackda said:

Is it worth contesting a will or other potential options-

Bit of background my father died in 2013, but grandparents were still alive .
Shortly after fathers funeral grandparents advised that will had been changed to excluded Step daughter and son (of deceased father) but include daughters of deceased (myself and my sister),
Grandmother passed away in 2016 and grandfather has just passed away we have not seen the will, but have been advised that the grandfathers will was changed recently (we believe under duress, from an aunt), to exclude myself sister
Rumour in family was she was attempting to get the 5th that was due to myself and Sister split across all the grandchildren, but in a confused state grandfater changed will to split his share between 4 surviving children . Apparently out Grand mothers will put her share of property into trust to be shared between 4 surviving children and 2 grandchildren (yet to see this will either) is there grounds to challenge and is it worth it?

Thanks

Probably better to get some hard facts rather than all this rumour and speculation.

relaxtwotribes

Putting some made up figures into this, let's suppose that the property is worth £240k and was owned equally as tenants in common (this is important) by your grandparents.  From your grandmother's will the 4 surviving children and 2 grandchildren will share £120k i.e. £20k each.  Under your grandfather's will the 4 surviving children will inherit £30k each and the 2 grandchildren nothing. So, you would be contesting the will for £20k, in which case I doubt that any solicitor expert in contested probate would advise you to proceed.  If you did proceed, would you have the means to pay both your and the executor's costs if you case fails (not sure about this?), because it would be substantially more than the £20k you stand to get as things stand now.