Inheritance act claim nightmare

Mojisola

subway98 said:

Why write a will, if anyone can contest it..

There are grounds laid down for when a will can be contested.

It sounds as if this brother could claim an equal share of the estate but, unless there is more that we don't know, his chances of getting any more than that are remote.

Socajam

So what is the purpose of having a will, it seems fruitless to me.
If I want to leave my house and all the other monies to X who is not a siblings, than all my siblings could contest the will - which seems ridiculous to me.
Should I just leave all of them 10 pounds to ensure that they do not have a case.

ameliarate

Marcon said:

subway98 said:

So now I’m faced with this huge problem of the brother and his claim. 

The chances of such a claim succeeding are close to zero unless your brother can show that your father was supporting him financially at the time of your father's death.
. 

Why write a will, if anyone can contest it..

To avoid the rules of intestacy.

This is my understanding too. My nephew tried to contest his mother’s will, despite the fact she had left her estate in a discretionary trust with him as the primary beneficiary.  We were told that unless he had been financially dependent o her, which he was not, he would not be able to contest it

subway98

Marcon said:

subway98 said:

So now I’m faced with this huge problem of the brother and his claim. 

The chances of such a claim succeeding are close to zero unless your brother can show that your father was supporting him financially at the time of your father's death.

Why write a will, if anyone can contest it..

To avoid the rules of intestacy.

Cheers Macron, Intestacy would of been better if i have read it correctly. Wouldn't it go to Biological Only if it was that way?

subway98

ameliarate said:

Marcon said:

subway98 said:

So now I’m faced with this huge problem of the brother and his claim. 

The chances of such a claim succeeding are close to zero unless your brother can show that your father was supporting him financially at the time of your father's death.
. 

Why write a will, if anyone can contest it..

To avoid the rules of intestacy.

This is my understanding too. My nephew tried to contest his mother’s will, despite the fact she had left her estate in a discretionary trust with him as the primary beneficiary.  We were told that unless he had been financially dependent o her, which he was not, he would not be able to contest it

Neither of us were "financially" dependant on him. I mean, he treated me and my family on our birthdays and Christmas's, and he'd loan me money and id pay back. But not like he'd give me spending money. In the 7 years of Bank statements, I cant see 1 payment to my brother. Only transfers to my account. Does that count?

subway98

Socajam said:

So what is the purpose of having a will, it seems fruitless to me.
If I want to leave my house and all the other monies to X who is not a siblings, than all my siblings could contest the will - which seems ridiculous to me.
Should I just leave all of them 10 pounds to ensure that they do not have a case.

even if you leave them £10, they can say you haven't sufficiently provided for them. Im swaying to not writing one and dying in intestacy, then only surviving spouses get what i have. 

Marcon

Mickey666 said:

Marcon said:

Why write a will, if anyone can contest it..

To avoid the rules of intestacy.

That's an interesting point.  Presumably as intestacy is basically law, any intestacy-based distribution cannot be contested?

No; it can be contested in the same way as a will if someone believes they are entitled to 'reasonable financial provision'.

pphillips

Marcon said:

The chances of such a claim succeeding are close to zero unless your brother can show that your father was supporting him financially at the time of your father's death. 

The test is a reasonable expectation of receiving an inheritance. Evidence of financial support is not the only route to establishing a reasonable expectation. Other routes can include providing personal care and neediness.

Marcon

pphillips said:

Marcon said:

The chances of such a claim succeeding are close to zero unless your brother can show that your father was supporting him financially at the time of your father's death. 

The test is a reasonable expectation of receiving an inheritance. 

Actually it isn't. There's a good layman's explanation here: https://www.lawdonut.co.uk/personal/claiming-an-inheritance/dependants-claims-against-an-estate

Dox

pphillips said:

Marcon said:

The chances of such a claim succeeding are close to zero unless your brother can show that your father was supporting him financially at the time of your father's death. 

The test is a reasonable expectation of receiving an inheritance. 

If that were the test, a lot more people would be winning their cases!

pphillips said:

Evidence of financial support is not the only route to establishing a reasonable expectation. Other routes can include providing personal care and neediness.

True in theory, but the outcome of the few cases which go to court gives a pretty clear indication of how the courts interpret the legislation - and financial dependence is far and away the most compelling.