Contesting a will/expression of wishes

HoneybeePFC

my father passed away December 2025. years leading up to my father‘s death he was very expressive about his will which we saw and was discussed on numerous occasions. He remarried three years ago and his wife told us on numerous occasions she did not want any of his money as he has his own. His estate has now gone to probate.we have found out that he changed his will eight weeks before he died, leaving everything to his current wife. My brother and I along with our children have been left a small amount of the an of wishes letter. The rest of the money has been left to his wife. We are thinking of contesting the will as this is not what our father told us and had mild dementia up until this time. He did have a mental health assessment in April 2025 which we understand his wife was present . We have spoken to his wife who is refusing to change anything as she said she is carrying out his wishes. I am looking for advice on how we can legally contest this.

Cubicsrube

how distressing for you.

Do you have a copy of the old will, or know where it was lodged? And were you executors on it? Non beneficiaries who also saw it or were witnesses to the conversations about inheritance? Was the mild dementia diagnosed?

Given the recency of their marriage, and extreme recency of the will change, and the fact that you’re blood children, I would think you have standing to contest the will. There are several law firms that offer free initial claim assessment, if you google that.

Ginger70

Contesting a will is difficult and costly in legal fee's

Its not unusual for wills to favour second wives and disinherit adult children.

As far an I'm aware unless you can prove you were dependant on your father for income during his later life you have little chance of succeeding.

HoneybeePFC

thank you. I have a copy of the previous will and was executer. It also stated in the will that she did not want any money! She is denying any knowledge of the changes. We aren’t his blood children but he’s been our dad for over 54 years.

RAS

Was the previous will written before the new marriage?

Mands

https://forums.moneysavingexpert.com/discussion/comment/81982560#Comment_81982560

Were you financially dependant on him? Did he pay for the children's school or university fees or subsidise your mortgage?

If you were to chose to contest the will do you have the funds to do that?

Grumpelstiltskin

Honestly unless you have thousands of pounds to throw at solicitors you are on a hiding to nothing, you would need to prove his dementia was so advanced he was not fit to understand what he was doing to make a new will .

poseidon1

As well to note that under English law, marriage automatically revokes any pre exsisting wills in any event.

This provision has been exploited over the years by what are termed 'predatory marriages'.

There has been a Law Commission project to update and modernise the 200 year old law of wills and abolition of the automatic revocation of Wills by reason of marriage has been proposed as set out in the article below -

https://www.crane-staples.co.uk/news/will-reforms/#:~:text=The%20bill%20is%20still%20in%20draft%20form,will**%20*%20**Introduction%20of%20a%20dispensing%20power**

However even if eventually enacted the proposed new rules would not assist the OP in the present situation, and agree that the only recourse is potentially expensive contentious legal action with no guarantee of a favourable outcome when the dust settles.

Keep_pedalling

Did he make a new will after at the time of his Marrage or was the previous will made well before marriage? If the latter that will would have become invalid when he married (assuming he lived in England ow Wales) and had he not made the new will then his wife would still have inherited the bulk of his esate.

Was the will made with a solicitor or was it a DIY job.

lincroft1710

If he had not made a new will following his marriage, on his death his entire estate would have passed to his wife, unless you and/or your siblings had been legally adopted. So as the new will has left you something, you have actually benefitted from it. Challenging the new will would actually get you nowhere, the old will was invalidated by his marriage and cannot be resurrected.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81982866#Comment_81982866

That would only be correct if the estate was below £322k, anything over that is split 50/50 between the spouse and the children.