Inheritance act claim

Monty3160

Hi all , 
just after some advice on how to deal with our current situation ?! 
My mum sadly passed away in January 2021 , she had written a Will and wrote my sister was not to inherit , she was named and reason stated why she should not inherit.
she has now gone in under the inheritance act and issued court proceedings. I am still trying to come to the terms with the loss of my dear mum  and feel like the stress of a court case is just to much ! So have offered her 20% of the estate , we are waiting on her response to the offer . I really don’t want to go to court , it can go on for yrs and can be very costly . Has anyone else found them selves in this situation? I’m gutted that I haven’t been able to fulfill my mums final wishes but the stress of it all is just to much ! 
What’s the likely hood of her being granted much more even though there is a Will stating she’s not to inherit ? 

Grumpelstiltskin

Which country did your Mum live in?

Monty3160

England...

Marcon

Monty3160 said:

Hi all , 
just after some advice on how to deal with our current situation ?! 
My mum sadly passed away in January 2021 , she had written a Will and wrote my sister was not to inherit , she was named and reason stated why she should not inherit.
she has now gone in under the inheritance act and issued court proceedings. I am still trying to come to the terms with the loss of my dear mum  and feel like the stress of a court case is just to much ! So have offered her 20% of the estate , we are waiting on her response to the offer . I really don’t want to go to court , it can go on for yrs and can be very costly . Has anyone else found them selves in this situation? I’m gutted that I haven’t been able to fulfill my mums final wishes but the stress of it all is just to much ! 
What’s the likely hood of her being granted much more even though there is a Will stating she’s not to inherit ? 

Without knowing the full facts (e.g. whether your mother was financially supporting your sister in any way in recent years, or whether your sister had an expectation that she would inherit), it's impossible to know. Anyone can issue proceedings, but the more difficult part is supplying the evidence to support the claim. If your mother was in sound mind, and has given reasons why your sister should not inherit, this will carry considerable weight and make things even more difficult for your sister.

Monty3160

Hi , 
no she wasn’t financially dependent on my mother , they hadn’t  spoken for 3 yrs prior to our mum passing , we have written witness statements but surely the Will has to account for something? 

Grumpelstiltskin

Has she the money to pay for the court case?

It will if it goes ahead cost her mega money and if she wasn't being supported by your mother she has little chance of winning.

Monty3160

The way it’s going is that she is saying she is in debt  and has listed all of my assets as if to say I’m better off than she is , so she deserves the inheritance more than myself ? 
I’m really struggling what this has to do with my mother’s inheritance money , my mum states that I was to inherit and she was not . 
Would this make a difference to the outcome ?

Grumpelstiltskin

So has she actually been to see a solicitor or is this all bluff trying to get you to crack?

Flugelhorn

I think the key point about the inheritance act is that it was a way for people who were financially dependant on the deceased but not  provided for in the will to get some money - doesn't sound like she was dependant.

mrschaucer

Monty3160 said:

So have offered her 20% of the estate , we are waiting on her response to the offer .  

Are you doing this on the advice of your solicitor or just off your own bat?

SeniorSam

If your mother has explained why she should not inherit from her, then I doubt any court would change the Will. This has been tried before and as long as she has not been reliant om support before, then the reasons should satisfy the cout if it ever hgets there. Do you have a copy of the letter of wishes giving the reasons?