Can the will be contested

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  • GDB2222
    GDB2222 Posts: 24,619 Forumite
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    Yorkshireman99 wrote: »
    On the contrary the circumstances in Ilott are very unusual and have little relevance to most estates. In any case Ilott is still awaiting a decision by the Supreme Court so until that is announced nobody is going to launch an appeal on the point. To suggest the parties inIlott are agreed is nonsense. Why would there be an appeal if they were?

    I was just correcting your misstatement of the law, as it's a fairly common misconception.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 11 March 2017 at 4:54PM
    GDB2222 wrote: »
    I was just correcting your misstatement of the law, as it's a fairly common misconception.
    The misconception is yours! The circumstances in Ilott are very, very, unusual but lots of people have seized on it as a route to riches including some unscrupulous solicitors that have told clients they will win. The bottom line is we will have to wait for the ruling. Having watched the entire SC hearing the result is not clear. We don't have long to wait. The judgement will be streamed live from 945 on Wednesday 15th March.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Pinnypinpin wrote: »
    No, only a couple of weeks past probate.
    They are the deceased step children, but the same age as the deceased and have ever lived with her.
    Pinnypinpin wrote: »
    Thank you. Yes their father died in 1998.

    Assumption.
    relative married man with previous family(grown up children)

    if she inherited significant assets from him then it is probably not surprising they are showing an interest.

    we often get threads here on how to protect assets for blood kids on second relationships.

    Typical solutions are things like life interests in a property.

    You have checked that all the assets are owned 100% by your relative.

    it may not be obvious on things like a house as the land reg entry only shows legal owner not the beneficial owners.

    you may need to go back to the previous estate.
  • Pinnypinpin
    Pinnypinpin Posts: 26 Forumite
    No, they weren't.
  • Pinnypinpin
    Pinnypinpin Posts: 26 Forumite
    Sorry, no they weren't treated as children or supported.
  • Pinnypinpin
    Pinnypinpin Posts: 26 Forumite
    Yes, land registry info was changed to show her name only after her husband died.
  • Browntoa
    Browntoa Posts: 49,298 Forumite
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    Friend of mine in similar story , step child started questioning step mum about father's will when she sold family house and moved to sheltered housing

    Property was registered as joint tenants so asset passed completely to her on his death and was registered in her sole name . His will was executed by a solicitor and completed soon afterwards .

    Step child wasted some time contacting the solicitor (and I assume some money ) looking for copies of his will etc . In the end it all went quiet when they realised there was no chance of challenge of the will and they risked losing money to no end
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  • securityguy
    securityguy Posts: 2,462 Forumite
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    edited 12 March 2017 at 6:30PM
    We will find out the judgement soon, but the facts of Illot are very particular. For a start off, the charities to whom the money was left had no prior expectation, which is very, very different in cases involving disputes between siblings. In Illot, had there not been a will, the beneficiaries would have got nothing. In most disputed wills, the dispute is between people who had the estate been intestate would have been likely to have had a share, or been the child of someone who received a share (modulo, as we in computer science say, or up to, as mathematicians say, issues of remarriage).
  • GDB2222
    GDB2222 Posts: 24,619 Forumite
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    Pinnypinpin wrote: »
    Sorry, no they weren't treated as children or supported.

    Then they cannot bring a case. Their financial position does not affect that.

    You can read the Act here
    http://www.legislation.gov.uk/ukpga/1975/63

    You only need to check Section 1(1) to confirm that they are not in the category of people who can make a claim.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Pinnypinpin wrote: »
    They are the deceased step children, but the same age as the deceased and have ever lived with her.
    Pinnypinpin wrote: »
    their father died in 1998.

    If much of your relative's estate came from their father and you were one of the step-children, would you feel that you should have been left something in the will?
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