UPDATE: Brother is talking about contesting will with no evidence. Does he stand much of a chance?

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/82028740#Comment_82028740

Go talk to a solicitor. The first session is normally free anyway, but if you have a low income they can also advise you of the best route to take.

The OP is in touch with the solicitor who advised on the will. Clearly they will be best placed to defend the will, if it ever came to that.

la531983

https://forums.moneysavingexpert.com/discussion/comment/82028913#Comment_82028913

I wouldnt even waste time speaking to a solicitor at this point and burning the free consultation. He is all talk and no trousers.

Briansteen50

https://forums.moneysavingexpert.com/discussion/comment/82028955#Comment_82028955

I am hoping this. I've looked at examples of 'evidence' you need and there's literally nothing he'd have if he did want to contest it. Everything he's said he has as evidence isn't actually 'evidence' especially as other family members came around to see us, call us and even video called us. Apprently you'd need SOKLID proof like recordings, letters from her saying "In being abused" etc

thegreenone

I am sorry for your loss and the situation you are in now. Where there's a Will there's family.

Despite what others have said, my thought would be to NOT block your brother's emails/messages. Don't read to upset yourself, just move them directly to dedicated folders so you have proof of his intimidation. hope this can be resolved quickly.

Briansteen50

https://forums.moneysavingexpert.com/discussion/comment/82029188#Comment_82029188

That's a really good point tbh. Sort of give him enough rope type of thing. I've just unblocked him and moved it to a folder. My partner has said he'll read them if I don't want too <3 ty.

Jude57

https://forums.moneysavingexpert.com/discussion/comment/82029226#Comment_82029226

I agree completely with everyone else who has replied but just wanted to suggest something. The truth is, ANYONE can contest a Will. Anyone at all. Imagine if I contested your late mother's Will. You'd be surprised, confused, maybe intrigued by a complete stranger popping up out of nowhere, saying they were going to contest the Will. But, after checking with your Mum's solicitor that I had no legal grounds to contest it, you'd quickly identify me as a crank with no chance of success and move on to grieve and start to remember your lovely Mum at her best. It's your family connection to your brother and the 'blood is thicker than water' mindset that makes it seem more important but it's really not. He's angry that the inheritance he thought was guaranteed turns out not to be. So what? Let him be angry. It's not your problem, any more than it would be if it was me, a complete stranger, kicking off. You'd quite rightly dump my emails into that 'junk' folder but otherwise give me no further thought.

Your brother MAY find a solicitor who is prepared to send you a letter (or two) but he'll have to pay for those. He's vanishingly unlikely to get Legal Aid and I agree that a 'no win - no fee' solicitor isn't going to touch it, because as soon as they see the Will and the contemporaneous notes your Mum's solicitor took, they'd see that there's no case. And I think that's the worst that could happen, a letter or two from each side but nothing more. And again, if it was me sending you solicitors' letters, you'd know that I have no possibility of success and am just a chancer. That's your brother. He'll back off soon enough when he realises he'll have to pay substantial sums to go any further. He's trying to bully you into ignoring your Mum's stated wishes. Don't let him.

Briansteen50

https://forums.moneysavingexpert.com/discussion/comment/82030138#Comment_82030138

Thank you. Honestly, thank you. When you put it like that.. It actually helps! Deep down I know there is nothing he could contest especially reading how much evidence you need to even stand a remote chance of having it over turned and knowing he has none of it, it's just all verbal junk etc. The one thing that makes me worried if he is my brother and like you say that family tie.
Once you take that out of consideration it removes all the 'power' of that worry.
I also suffer from beliving too much of what I see on TV shows lol things like old courtorom shows, or films where people contest the will etc. it wasn't until he actually said about contesting the will I started looking into it. I thought contesting a will was like going into a court with a judge and jury type thing and anybody could contest it if they weren't happy with what it says when in reality it has NOTHING to do with the content just the reason it was made/the reason it was made. I haven't heard anything from him but I'm not expecting to until he's seen the will (After probate) and that's when I think he'll start kicking off more. As you say outside of a few solicitors letters to 'scare' me i know, logically, it won't go any furthur and if it did and it SOMEHOW managed to get in-front of a judge it would be clear cut and he'd have to pay our fees.

Also, unless i have this wrong (I may have read it from a comment on here), most No win, no free solicitors will only take it if it's a 60%+ chance of winning. To even get to 50/50% in a case like this he'd need letters from mum/text messages, statements from carers/family members or the will being written on a bit of paper with dodgy witnesses etc and there isn't any of that.
Honestly Jude. Thank you so much! <3

ih8stress

Hi, first of all so sorry for the loss of your Mum

I am a worrier too, overthinker and research loads online (and lost close family over the years) so can totally emphasise with what you are feeling right now.

Everything is still very raw and emotions will be heightened for you and I would suggest that you STOP looking online, YouTube etc as it is just inflaming things for you and no doubt going round and around in your head.

You already have the answer from just about everyone on this thread that your brother has very little chance of succeeding and is unlikely to get very far in contesting it, which sounds like a big bluff on his part.

You need to concentrate on YOU, on starting the grieving process, on accepting the loving support of people around you who can help and WANT to help (which will help THEM too as people often feel useless or powerless and unsure what to say or do at these times).

Leave the legalities, and worries about it all, to the Solicitor when the time comes, they sound competent.

Follow the excellent advice on here to stop reading and answering any calls and texts from your brother, and put them into a folder for future 'evidence ' if needed

All you need to realise is that YOU cared for, supported, respected and loved your Mum and made her last years as happy, comfortable and peaceful as possible.

Don't let your brother's actions poison your memories of your Mum.

You did your very best and nobody can ever take that away from you.

You were there when it mattered and the people around you will have seen that too and will want to help you now if you let them. Show them this thread, if it helps.

Take care, and take a break from the digital world now, into the loving arms of family and friends who can support you.

florianatwobob

Money, property and death makes people behave unexpectedly at times and badly at others. Your brother sounds like he’s a bully and used to shouting to get his own way. He’s trying to intimidate you. Ignore the messages but make sure you keep them as evidence, just in case.

You’re not alone when it comes to experiencing bad behaviour.

One of my cousin’s disputed (after her sister’s death) the execution of their mum’s will. Fortunately my late cousin was a hoarder of paperwork so it was easily proved by her daughters that everything had been completed correctly.

Another aunt’s niece by marriage was lining herself up to be primary beneficiary. There was back history from the 1970s about this niece’s mum trying to overturn her brother (my aunt’s husband’s) will which my auntie had won (never underestimate an quiet RE teacher with academic contacts who is determined to stay in her home).

What that niece by marriage hadn’t considered was that my auntie wasn’t going to give her a legal leg to stand on. Niece by marriage received £1000.00 from the estate. There were some (more generous) bequests to friends and her retired housemaid (!!)

The remaining estate was divided equally between my auntie’s siblings (or their portion divided between their children) and the cousin she also grew up with (or their children)

Funnily enough those of us that actually knew our auntie knew she was scrupulously even handed and didn’t dream of arguing with her ‘words from beyond’ because she’d have given it all due consideration.