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Challenging Will
marleneb1
Posts: 53 Forumite
I posted a couple of weeks ago that my stepmother died at the beginning of this year but we weren't allowed to see the new Will. I received lots of very useful advice.
We are about to engage a solicitor to act on mine and my brother's behalf but I'm wondering if anyone has any knowledge of people who advertise themselves on the Internet offering their services to draft a Will in exchange for charitable donations? Having now seen my stepmother's latest Will, she engaged one of these people and has made 16 large bequests to charities in her Will totalling £60,000, at the same time reducing mine and my brother's share of the Estate to small bequests. She has also given large bequests to 6 friends and the residuary estate to her sister and niece.
This is a large Estate and the mirror Wills my father and stepmother signed in 2010, 2 years prior to my father's death, divided the Estate equally between 5 beneficiaries. It's come as a huge shock, but especially the charitable donations - my stepmother was not a particularly charitable woman and indeed wouldn't part with the money to pay for my sister's funeral so this is very out of character.
Any advice would be much appreciated.
We are about to engage a solicitor to act on mine and my brother's behalf but I'm wondering if anyone has any knowledge of people who advertise themselves on the Internet offering their services to draft a Will in exchange for charitable donations? Having now seen my stepmother's latest Will, she engaged one of these people and has made 16 large bequests to charities in her Will totalling £60,000, at the same time reducing mine and my brother's share of the Estate to small bequests. She has also given large bequests to 6 friends and the residuary estate to her sister and niece.
This is a large Estate and the mirror Wills my father and stepmother signed in 2010, 2 years prior to my father's death, divided the Estate equally between 5 beneficiaries. It's come as a huge shock, but especially the charitable donations - my stepmother was not a particularly charitable woman and indeed wouldn't part with the money to pay for my sister's funeral so this is very out of character.
Any advice would be much appreciated.
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Comments
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You'll find it almost impossible to prove that undue pressure was put on her to leave money to the charities.3
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Her estate , her choices , if it was properly witnessed then there are very few ways to successfully challenge.
You were not financially dependent on her in any way , your options for challenging look very slim .
You are likely to swallow up what you would receive in legal fees.Ex forum ambassador
Long term forum member1 -
We're not actually going down that particular route but I just wanted to know if anyone had knowledge of this type of Will drafting service? It seems to me to be at the least questionable - I'm guessing the Will drafter gets a commission from the charities that receive a bequest.0
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The charities do not do the will themselves , they farm them out to a 3rd party for a set fee.
These are normally low cost will writers and not solicitors although some solicitors take part in the annual free will scheme.Ex forum ambassador
Long term forum member1 -
Thanks. You sound very sure of what you state. Can you elucidate please? Are you a probate solicitor? I don't want to spend money I can't really afford. My solicitor is asking for a deposit of £500 plus VAT because she thinks I have a case.Browntoa said:Her estate , her choices , if it was properly witnessed then there are very few ways to successfully challenge.
You were not financially dependent on her in any way , your options for challenging look very slim .
You are likely to swallow up what you would receive in legal fees.0 -
My solicitor is asking for a deposit of £500 plus VAT because she thinks I have a case.
Does she really, or is she just setting up an invoice for you?
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Mirror wills are not binding on the survivor, they can and do get updated when the first person dies. Read your other thread again.Mortgage started 2020, aiming to clear 31/12/2029.3
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