Possible challenges to intestacy rules

Keep_pedalling

Benson17 said:

Froglet said:

The facts remain that legally,there is no official will.So The estate goes to the sons. If this lady starts talking courts and legal action,she risks losing and then is likely to get offered nothing.

Whereas at present,all 3 sons are generously considering giving her some of their individual inheritance ,which legally they do not need to.In many family situations she would not be offered anything. Despite what the deceased has promised her in the past,sadly he did not back it up in deed.

It just reiterates how important it is to make a legally binding will.

I do hope it can all be settled amicably,Benson,it's what your father in law would have wanted.

We're hoping for an amicable solution. The main question at the moment is if she declined the gift offered by the son's from their inheritance, would she have good grounds for a challenge through the courts under Promissory Estoppel claiming that father-in-law promised her 25% of the estate (we don't know if she's seen the contents of the invalid will)  as she had provided friendship/domestic tasks in return.

She probable would have a reasonably good case bearing in mind that her long term partner made his wishes known by making that will. Although invalid it is strong evidence this is what he wanted to do.

If I was in his children’s position I certainly would not want benefit from a technicality.

Benson17

SeniorSam said:

She may be waiting to see if the children are going to be fair and treat her as she justly deserves.

Thanks for the comment SeniorSam.   The son's I'm certain will treat her fairly but this can be subjective. If she was to decline the offer even if very generous, how good a case would she have if going down the Promissory Estoppel route?  

bouicca21

What’s the difference between a ‘very generous’ offer and 25%?  

kazwookie

I would suggest everyone sits tight and see what the companion approaches with.

Benson17

bouicca21 said:

What’s the difference between a ‘very generous’ offer and 25%?  

The figures are still to be worked out by the sons but possibly somewhere between the amount mentioned at the time he made the previous will made well before dementia diagnosis and the amount noted in current invalid will made shortly before formal diagnosis.

getmore4less

Who was the witness?

Benson17

getmore4less said:

Who was the witness?

A neighbour.

[Deleted User]

FWiW, based on my SiL’s recent experience, if you decide that you need legal advice then you get what you pay for. Will disputes are best left to specialist (albeit, expensive) solicitors who specialise in Family Law.  A non-specialist solicitor recommended that my SiL should settle when a Will was contested. A family lawyer produced one letter based on case law and the claim was stopped in its tracks. Family relationships have yet to recover.

getmore4less

Benson17 said:

getmore4less said:

Who was the witness?

A neighbour.

Could ask them what happened at the time that will was prepared.

bouicca21

There’s a vast difference between the original £5k and 25% of £300k.  And just where the ‘generous’ offer falls is likely to influence the outcome.

Also, some clarification is needed.  This is a friend, a housekeeper, a soulmate? What would have been a reasonable expectation?  FiL was or was not in full control of his faculties at the time of the second will?  Worth asking his doctor(s) about the timeline for onset of dementia, worth asking neighbour about things in general and the circumstances that led him/her to witness the will.  OP implies the testator was suffering from dementia before the diagnosis was made.  What evidence is there to substantiate that claim?