Will not completed

Beckz1205

Hello, I am just looking for some advice- last year my Nan was diagnosed with terminal cancer. She started the process of sorting out her will back in dec but had a “disagreement” with one of the solicitors she saw there when she queried how the will was written and just making sure she fully understood what it said before signing it.  He was very rude so my Nan complained and then he sent back her unsigned will and told her he couldn’t continue completing her will. Nan obviously after that had to think about finding another solicitor but she has been ill on and off with her cancer and starting new treatments etc and just general life got in the way. My Nan became stable on her treatment and so My nan finally went to see a new solicitor in September and had a conversation about her wishes and was told that if she wanted to continue using them to give them a call back to arrange an appointment. Again my Nan put it off as she wasn’t 100% sure she liked the solicitors and I assume thought she had time to put things in place as she wasn’t doing well. Me and my mother kept insisting she sort her affairs but my Nan is stubborn. Beginning of November however my Nan became ill after her treatment and has ended up in the hospital. She is now end of life. As there is no legal will in place as she never signed the one from the first solicitors and didn’t continue with the 2nd me and my mother are now worried that everything will be left to her husband including my nans house that both myself and my mother live in. Those were not my nans wishes as she wanted both myself and my mother to inherit her house/remaining estate and both be executors of her will. Will we now have to contest? Neither of us know how her husband will react and if he inherits everything and then he passes away his daughter will inherit everything. It is already a hugely difficult time and this is adding to the stress as we don’t want to lose our home. Sorry if this makes no sense. Just looking for some helpful
advice

km1500

I am really sorry to hear what you are going through

If there is no will then you are right it will pass to her husband (I assume they're still married)

You will not be able to contest this.

Provided she has capacity she can still make a will as she is still alive and in fact I believe she can make a deathbed will although you would have to find out about this

p00hsticks

Sorry for this - but you really need to try to push your nan to complete her will if she still has capacity.
You say she has terminal cancer - this is one of the things McMillan might be able to help arrange in the hospital.  

Without a will in place the intestacy rules will apply, and her husband is likely to inherit the bulk of her estate. 
If there is no valid will I'm not sure how you could contest things.....   

Beckz1205

I don’t think there is any chance of her making a bedside will. We’ve just been told that at this point it’s a case of making her comfortable. Can I ask why we can’t contest? I guess the only thing we could do is have a conversation with her husband about doing what’s right as they have had conversations before about my nans will and he knew that she would be leaving it to us as he is financially stable himself. 

Robin9

...............I guess the only thing we could do is have a conversation with her husband about doing what’s right as they have had conversations before about my nans will and he knew that she would be leaving it to us as he is financially stable himself. 

If the husband co-operates I believe he could sign a Deed of Variation in your benefit.

sheslookinhot

Beckz1205 said:

I don’t think there is any chance of her making a bedside will. We’ve just been told that at this point it’s a case of making her comfortable. Can I ask why we can’t contest? I guess the only thing we could do is have a conversation with her husband about doing what’s right as they have had conversations before about my nans will and he knew that she would be leaving it to us as he is financially stable himself. 

Sorry for your position. “Contest” what ? 

If no will exists, then intestacy takes over. He may know what your Nan wanted, but when he inherits her estate, not all of it, he may decide to stick to the intestacy rules.

BungalowBel

If there is no will than your nan will die intestate and there are very clear legal rules of intestacy.  This is why her husband will inherit the bulk of the estate.  You can't contest as there is no will to contest, just very clear legal rules.  And as far as I know, he can't do a deed of variation either for the same reason.  

He can of course decide to give you the house or money, but this is entirely up to him, as is what he does with the inheritance upon his own death.

If your nan really can't sign a will, then all you can do, as far as I know, is appeal to his better nature.

All this assumes that he is still married to your nan.

lincroft1710

Beckz1205 said:

Can I ask why we can’t contest? . 

You can't contest because it is statute law. With a will you can argue that the deceased was not of sound mind, was subject to coercion, ignored dependants etc.

Hoenir

Is the property 100% in your Nan's name? 

Beckz1205

Yes they are still married. Sorry if I sounded silly asking about contesting etc I don’t really know the ins and outs…very upset/confused etc hence why I asked on here… 

Beckz1205

Hoenir said:

Is the property 100% in your Nan's name? 

Yes it is solely my nans property