Step children contest will

mamia2

Hi, Father recently died and left will naming biological children only as beneficiaries in his will ( all equally). Dad inherited everything form second wife on her death as she had no valid will .Will made nearly 20 years ago after second wife died and not been changed since. There were 2 stepchildren from second wife, however Dad was not involved very much even when they lived at home when their mother was alive and have never had close relationship. Both have not been involved with Dad for at least 20 years in fact possible a lot longer than that. They did not attend funeral or even get in touch after finding out of his death. However week after funeral got in touch with other sibling to find out what was happening with property and that it needed to be sold and money split. (Property in dads name only ). They are not aware of Dads will information .Question is would they have any grounds for contesting will based on Provision for Family and Dependants) Act 1975.Neither have been financially dependant on Dad. Both step kids are near retirement age (one on benefits and one with pension). I have applied for probate . Thanks

Marcon

Assuming this is England/Wales? They can contest if they want to - anyone can - but seems pretty unlikely that a challenge to the will would succeed.

mamia2

Sorry , yes this is in England

Mojisola

mamia2 said:

Hi, Father recently died and left will naming biological children only as beneficiaries in his will ( all equally).

Dad inherited everything form second wife on her death as she had no valid will .

Question is would they have any grounds for contesting will based on Provision for Family and Dependants) Act 1975.

They wouldn't have any grounds for challenging the will but don't you think as your father inherited from their mother that it would be worth considering sharing the estate?

Their mother could have made a will and left them something but maybe she expected her husband to do right by her children as well as his?

mamia2

Thanks, I had thought of this but just wanted to see if they could contest. Also due to alot of major personal issues I don't want to go against my dad's wishes and majority of estate has been built up since his wife died . 

Brynsam

mamia2 said:

Thanks, I had thought of this but just wanted to see if they could contest. Also due to alot of major personal issues I don't want to go against my dad's wishes and majority of estate has been built up since his wife died . 

Anyone can contest. Whether it's successful is entirely another matter.

AnotherJoe

Too late now but seems to me, better in awkward cases like this to leave a nominal bequest and perhaps some reasons, to make it harder to contest the will.

Flugelhorn

even if your father left no will then it is likely that only his children would have inherited, they are probably assuming that they have a right to share in the estate but they haven't. shows why it is important for second time around couples to ensure that all children get remembered in the will one way or another 

AnotherJoe

Flugelhorn said:

even if your father left no will then it is likely that only his children would have inherited, they are probably assuming that they have a right to share in the estate but they haven't. shows why it is important for second time around couples to ensure that all children get remembered in the will one way or another 

That would depend if he adopted them, wouldnt it? Admittedly OPs tone is that he didnt.

xylophone

Both step kids are near retirement age (one on benefits and one with pension). 

An inheritance for the one on benefits might  lead to losing those benefits?

mamia2

AnotherJoe said:

Flugelhorn said:

even if your father left no will then it is likely that only his children would have inherited, they are probably assuming that they have a right to share in the estate but they haven't. shows why it is important for second time around couples to ensure that all children get remembered in the will one way or another 

That would depend if he adopted them, wouldnt it? Admittedly OPs tone is that he didnt.

No they were never adopted and to be honest my father had very little to do with them even when they lived at home, we were like two seperate families, strange but true