Unfair will, can I contest upon death

funnymonkey

Can anyone please help as I feel that I am being treated unfairly in my father's will.
Some years ago my mother died leaving everything to my dad which includes his 2 bed house and a much larger , 4 bed house which has been placed in a trust.
I have found out that upon death of my dad my brother who in my dad's eyes can't do anything wrong will get the much larger house protected from tax or care home fees as it's held in a trust
 The much smaller house approx value £220k that would be left to me wouldn't have those protections so it could potentially be sold off to pay for care home fees and taxes.

Would this be considered a valid claim?
Thank you 

elsien

There no guarantee that the trust will protect things in the way your father thinks that it will.

But putting that aside, his estate is your father’s to do with us he wishes. It is lawful to leave inequitable shares, or to cut someone out completely. Unless you are financially dependent on him you would have a little grounds for a claim.

Aside from which, if it worries you that much then talk to him now. It makes much more sense to have that discussion while he’s able to do something about it if if he wants to do so rather than to have the resentment and spoiling the relationship with your brother after your dad has gone. 

Flugelhorn

I think you can only claim / challenge it if it he made a new will and he wasn't competent or was coerced or if you were financially dependant on him and he hasn't provided for you

Ayr_Rage

You father thinks his will is completely fair and as long as he was of sound mind and not coerced in any way then challenging it is likely to be futile.

Keep_pedalling

If the house is in trust it does not form part of his heritable estate so you have hope of any claim. Whether having it in trust protects its from IHT will very much depend on if it was put in trust more than 7 years or not. Even if it was 7 years ago if he still has a beneficial interest in it (receiving rent for instance) it will still form part of his estate for IHT purposes. Trusts are also subject to some pretty hefty taxes in their own right so I very much doubt whether your brother is going to get a large tax free inheritance.

Is the 4 bed house rented out? If so who gets the income?

bobster2

funnymonkey said:

Would this be considered a valid claim?

Which country are you in - England? Or Scotland?

Grumpelstiltskin

bobster2 said:

funnymonkey said:

Would this be considered a valid claim?

Which country are you in - England? Or Scotland?

The law in England or Wales is different to the law in Scotland, but it doesn't matter where you live it's where the person who made the will lived.

England or  Wales as long as you were not financially dependent then the whole amount can be left to the cats home.

Scotland is different.

user1977

Not clear whose Will you’re seeking to challenge anyway? If the house is already in a trust then that was down to your mum. Sounds like you’re getting a relatively good deal as far as your dad's estate is concerned.

Though if dad is still alive and capable, won’t it be better to talk to him about what his Will says?

Keep_pedalling

user1977 said:

Not clear whose Will you’re seeking to challenge anyway? If the house is already in a trust then that was down to your mum. Sounds like you’re getting a relatively good deal as far as your dad's estate is concerned.

Though if dad is still alive and capable, won’t it be better to talk to him about what his Will says?

Unless the OPs father put it in trust after her death. 

user1977

Keep_pedalling said:

user1977 said:

Not clear whose Will you’re seeking to challenge anyway? If the house is already in a trust then that was down to your mum. Sounds like you’re getting a relatively good deal as far as your dad's estate is concerned.

Though if dad is still alive and capable, won’t it be better to talk to him about what his Will says?

Unless the OPs father put it in trust after her death. 

I would expect even less chance of challenging a lifetime decision to put it into trust.

funnymonkey

Thank you for your messages, really helpful. After my mum died the larger house was put in a trust, it has now been more than 7 years and it is being rented out and my dad receives a rental from it.
Both my dad, myself and my brother live in England.
Thank you