will challenge and next of kin

sassyblue

naedanger said:

cbrown372 said:

Managed to read the will posted earlier and in all of my life drafting wills and witnessing will for clients I have never once seen a paragraph suggesting that anyone contesting a will, will be written out of it. No idea where you found the wording for it but big mistake I'd say.

Nothing wrong with a no contest clause in itself.
https://www.wilsonbrowne.co.uk/news/personal/how-can-you-stop-someone-contesting-a-will/

The big trouble here though is that the OP drafted that will so that clause would be laughed out of Court.  This is why I loved working in law, people would have the strangest ideas about it and surprise, surprise, those ideas were usually to their benefit!

Manxman_in_exile

onsite71 said:

In the original will i was named as an executor. After reading about different situations that can arise i revoked (but is still available) the will and included another executor as a stand in which was my eldest sister. ...

I know somebody else has already remarked on the above and you have tried to give an explanation for it, but that wording looks right dodgy...

It may well demonstrate only that you do not know what you are doing (as others have suggested), or it might support legitimate questions about the validity of the will itself.

Have you still got the previous will (original copy) which was replaced by the one your mother executed in August?  I can't work out from what you've said whether the August will made any changes to the previous one other than adding a second executor.

Is the previous will drafted using the same/similar wording as in the August will you posted above, or was it drafted by a solicitor?

naedanger

I think you should speak to a solicitor and be prepared to compromise significantly since the cost of contesting the matter in court is likely to be very expensive, and I expect even if you were to win you might not recover those costs.

Manxman_in_exile

^^^^  What naedanger says.

Also - and this might be difficult for you to hear and will certainly be difficult for you to do - you need to try to distance yourself from all the emotional baggage and any past history you have with your siblings.  Unfortunately your will drafting attempts have not made things easier, but you just need to get past that and try to extricate yourself from what might become a very tricky situation.  You need professional, paid for, legal advice.

And don't dwell or obsess too much on trying to honour your mother's wishes.  Just sort it out the best you can.

74jax

So the first Will left the house to 5 people, with a right for you to live in it.  Everything else split 5 ways. You as the only executor.

The 2nd will is above with your sister added as executor and you removed. 

Both had the no challenge clause in and no other change between wills?

Is this correct? 

sammyjammy

seriously, the fact that they are married and you are single means nothing, you are 50 years old not 80 years old, you work, you appear to have full capacity.  if you want to make amends, just tell them you want the house sold and the money split between you all.  If you stick to your guns and insist on living in the property you'll have grief until you die!  Split everything equally and walk away with a clear conscience.

Manxman_in_exile

74jax said:

So the first Will left the house to 5 people, with a right for you to live in it.  Everything else split 5 ways. You as the only executor.

The 2nd will is above with your sister added as executor and you removed. 

Both had the no challenge clause in and no other change between wills?

Is this correct? 

I don't think that's what the OP has said(?).  I think they simply included the sister as a joint (or alternate?) executor* in the second will.  It didn't remove the OP as executor.

It's very difficult to follow what has happened.  I've just noted the will posted up by the OP only shows one male executor - no mention of a sister in the role.

*  The OP describes the sister as a "stand in" executor.  Don't know it they were intended to be joint, or the sister only came into play if OP predeceased or renounced

naedanger

I don't think anyone is saying the wording is so poor that it makes the will automatically invalid. (There may be some aspects that are a bit unclear which might complicate matter but probably won't invalidate the whole will.)

The current problem is that the other side believe your mother didn't fully understand what she was signing or was acting under duress. So even if the wording was perfect they would still dispute its validity. This type of dispute won't have a simple black and white answer. If the matter went to court (which would be very expensive) they would look at everything in its entirety e.g. they would ask the witnesses for their recollections of your mother's state, possibly seek your mother's medical information, your and other parties behaviour etc. But if it got to court there would be very little money left after legal costs. In reality a compromise is likely to be in everyone's interests. 

Problems only arise when wills are disputed. Many wills are far from perfect but if the beneficiaries agree then matters are easily settled in practice.

Heltaskelta

naedanger said:

I don't think anyone is saying the wording is so poor that it makes the will automatically invalid. (There may be some aspects that are a bit unclear which might complicate matter but probably won't invalidate the whole will.)

The current problem is that the other side believe your mother didn't fully understand what she was signing or was acting under duress. So even if the wording was perfect they would still dispute its validity. This type of dispute won't have a simple black and white answer. If the matter went to court (which would be very expensive) they would look at everything in its entirety e.g. they would ask the witnesses for their recollections of your mother's state, possibly seek your mother's medical information, your and other parties behaviour etc. But if it got to court there would be very little money left after legal costs. In reality a compromise is likely to be in everyone's interests. 

Problems only arise when wills are disputed. Many wills are far from perfect but if the beneficiaries agree then matters are easily settled in practice.

nae danger i have to say that is the best paragraph I have read concerning the situation. thank you very much indeed.

i do honestly think now im reflecting that there has been a conspiracy between my sisters. to be so negative and the way in which they treated our mother i dont think I'm going to get fair treatment from them. what it boils down to as well is the younger sister who was favoured more which is understandable and i have no issue with. but since she has had her own children she has little by little been disrespecting her mother to the extent of saying don't you speak to me like that in front of my children and then phoning the next day demanding an apology off my mother. i have been good throughout my life to both sisters and are both willing to take this matter to court. i think myself with the evidence I have court would suit me better especially as i can catch them out in lies should the need arise. there is no need to be building a case against anyone or anything in my opinion. looks like i will have to be the one to walk away from what my mothers wishes were. if it goes on the market i will and my brother will keep holding out for a better offer. think everyone needs to agree but im not sure.

appreciate your comments

Heltaskelta

Manxman_in_exile said:

^^^^  What naedanger says.

Also - and this might be difficult for you to hear and will certainly be difficult for you to do - you need to try to distance yourself from all the emotional baggage and any past history you have with your siblings.  Unfortunately your will drafting attempts have not made things easier, but you just need to get past that and try to extricate yourself from what might become a very tricky situation.  You need professional, paid for, legal advice.

And don't dwell or obsess too much on trying to honour your mother's wishes.  Just sort it out the best you can.

some more top draw advice i shall take on board thank you very much indeed