Contesting a will help

Keep_pedalling

I think the OP’s £50k is come from the purchase of the property. 

Having thought about this a bit more I feel that such a clause may not actually be a valid one. You can leave what you like to anyone but I don’t think you can dictate what your estate is sold for after you die.

Take legal advice.

Marcon

stvio1 said:

Hi I hope someone can advise ,I have two brothers my father has recently past away and when reading his will dated 2006 my younger son has the option to buy his property for 100,000-00 giving me and my brother 50,000-00 each which when the will was wrote was fair , but now the property has doubled in value and my brother said he is staying with what is in the will so in effect me and my brother will still get 50,000-00 and my other brother 200,000-00 is there anything I can do please

'My younger son' [as opposed to 'youngest son'] could refer to either of the two younger boys. 

Spendless

I still find it a bit of  strange will. Leaving a property that can be bought for £100K. What if by the time Dad died  the younger son couldn't raise £100K to buy it? 

Marcon

Spendless said:

I still find it a bit of  strange will. Leaving a property that can be bought for £100K. What if by the time Dad died  the younger son couldn't raise £100K to buy it? 

OP says it is 'an option to buy...' so presumably there's an alternative scenario set out in the will - but the drafting sounds fairly ghastly, so whether it's valid at all must be open to question. 

relaxtwotribes

Marcon said:

'My younger son' [as opposed to 'youngest son'] could refer to either of the two younger boys. 

Yes, “younger” would be correct where there are only two sons, but my guess is that the will refers to Tom, !!!!!! and Harry using actual names and the OP is using younger as a way to avoid identification.

relaxtwotribes

Keep_pedalling said:

but I don’t think you can dictate what your estate is sold for after you die.

A great point. KP on the ball as ever.

Linton

relaxtwotribes said:

Keep_pedalling said:

but I don’t think you can dictate what your estate is sold for after you die.

A great point. KP on the ball as ever.

Yes, its an excellent point..  In what form does this "right to buy exist?  A clear documented opinion from a solicitor should be much cheaper, quicker, less stressful and less likely to cause permanent destruction of relationships than challenging a will.

otb666

i know this is most probably a stupid comment so dont get mad  but surely if you could sell property after death for inadequate amount everyone would do this to avoid inheritance taxes. Say the property was worth over threshold but sold for less the estate would have to pay the tax on the difference

Linton

otb666 said:

i know this is most probably a stupid comment so dont get mad  but surely if you could sell property after death for inadequate amount everyone would do this to avoid inheritance taxes. Say the property was worth over threshold but sold for less the estate would have to pay the tax on the difference

HMRC gave the right to ask the district valuation officer for a definitive valuation if they suspect the probate value is incorrect.

Keep_pedalling

otb666 said:

i know this is most probably a stupid comment so dont get mad  but surely if you could sell property after death for inadequate amount everyone would do this to avoid inheritance taxes. Say the property was worth over threshold but sold for less the estate would have to pay the tax on the difference

You can’t use a contrived sale price for IHT, if you opt to use the sale price then it has to be an open market sale.