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  • FIRST POST
    haveiacase
    Contesting a Will
    • #1
    • 13th Mar 13, 8:32 PM
    Contesting a Will 13th Mar 13 at 8:32 PM
    Hello

    I wanted some opinions and advice , but not to be judged , so i made MSE my first stop..

    situation is:

    My ex Mother in law died recently
    she had a son who was my husband , who died in 1998 , leaving our three children looked after ok and myself , i have since remarried.

    She also had a daughter who died in 1986 , that person had two kids , who my ex mother in law took in and her and her husband (who has since died 1996) looked after them until adulthood

    My kids are now 26,28,32

    We visisted my ex mother in law maybe once a year

    BUT

    in her will she has left her house and contents (no cash or life insurance etc) to the two kids she bought up but nothing at all to my three kids (the cousins to the two bought up by Ex MIL) , one of them lived with her and cared for her until then end , if relevant

    To be honest , i am not sure of my rights , but i cant believe my three have been left nothing , i believe mother should have made provisions for them

    what could i do to challenge the will

    My ex MIL had some stage of dementia but wasnt on medication for it , she died in the end of organ failure following a heart attack

    i know it sounds harsh but i am looking out for my kids

    what are my options ?

    thanks
    Last edited by haveiacase; 13-03-2013 at 8:36 PM.
Page 2
    • Mojisola
    • By Mojisola 13th Mar 13, 9:49 PM
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    Mojisola
    Have you not read the answers above?
  • haveiacase
    yes , and i appreciate them , but if i get the grant of probate stopped it gives me some breathing space?
    • Mojisola
    • By Mojisola 13th Mar 13, 9:52 PM
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    Mojisola
    yes , and i appreciate them , but if i get the grant of probate stopped it gives me some breathing space?
    Originally posted by haveiacase
    But you don't have any grounds.
    • troubleinparadise
    • By troubleinparadise 13th Mar 13, 9:52 PM
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    troubleinparadise
    OK , so morally it doesnt look good , and legally , which is what matters...its a grey area....................?
    Originally posted by haveiacase
    As has already been said, there is no grey area legally.

    And no, morally, it doesn't look good wanting money from someone just because you want it.
  • haveiacase
    But you don't have any grounds.
    Originally posted by Mojisola

    I have been doing some reading and my grounds i can discuss at a later date with my solicitor , and in the meantime i can stop the estate being dsitributed etc....

    yes it sounds a bit harsh , but i firmly believe my husband would want his kids to share the house proceeds
    • Mojisola
    • By Mojisola 13th Mar 13, 9:54 PM
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    Mojisola
    yes it sounds a bit harsh , but i firmly believe my husband would want his kids to share the house proceeds
    Originally posted by haveiacase
    What your husband wanted is irrelevant. It wasn't his money.
  • haveiacase
    but he would want me to fight for it , i am sure
    • Torry Quine
    • By Torry Quine 13th Mar 13, 9:58 PM
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    Torry Quine
    Surely as adults if anyone could contest the will it would be the children themsleves? What do they think about it?
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
    • troubleinparadise
    • By troubleinparadise 13th Mar 13, 10:00 PM
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    troubleinparadise
    but he would want me to fight for it , i am sure
    Originally posted by haveiacase
    I suspect a solicitor will also welcome discussing it with you for many hours.
  • haveiacase
    one of them is fairly quiet about it , but the other two are as angry as me, the two cousins who benefit gave us some old war memorobilia we wanted etc after the wake to be fair to them mind you
    • Mojisola
    • By Mojisola 13th Mar 13, 10:02 PM
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    Mojisola
    but he would want me to fight for it , i am sure
    Originally posted by haveiacase
    Are you sure he would want you to still give solicitors lots of money after finding out that you have no case?
  • haveiacase
    OK , as i see it my options are thus :

    Provide , or at least contribute , and let my daughters contest..and at the same time applky to have the grant of probate stopped...
  • poet123
    You cannot be for real.
    • Fire Fox
    • By Fire Fox 13th Mar 13, 10:06 PM
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    • 29,337 Thanks
    Fire Fox
    I have been doing some reading and my grounds i can discuss at a later date with my solicitor , and in the meantime i can stop the estate being dsitributed etc....

    yes it sounds a bit harsh , but i firmly believe my husband would want his kids to share the house proceeds
    Originally posted by haveiacase
    So your husband wouldn't have been too busy grieving for his deceased mother and supporting his grieving nieces/ nephews to be bothered with the will at the wake and in the days following? Wow.

    You cannot contest the will, there are no MY grounds, you are not a blood relative or a dependent, you have no reason to believe you should have been a beneficiary. Why bother posting if you are going to ignore the fact that not one single person thinks you have a leg to stand on legally?
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • haveiacase
    but my daughters could contest...thats my point
    • Fire Fox
    • By Fire Fox 13th Mar 13, 10:09 PM
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    Fire Fox
    but my daughters could contest...thats my point
    Originally posted by haveiacase
    Could they? Would they? Why? Based on what?
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • haveiacase
    based on the fact they should have been accounted for , and my mil might not have been mentally capable of understanding what she was doing!
    • Mojisola
    • By Mojisola 13th Mar 13, 10:11 PM
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    Mojisola
    but my daughters could contest...thats my point
    Originally posted by haveiacase
    You can't contest a will on the basis of not liking the way the deceased arranged their estate!
  • haveiacase
    no , but based on beng mentally impaired....
    • Savvy_Sue
    • By Savvy_Sue 13th Mar 13, 10:14 PM
    • 40,032 Posts
    • 37,372 Thanks
    Savvy_Sue
    If you have bottomless pockets, by all means see a solicitor and see if you can pay for your children to challenge this will. In the process you will alienate and upset your nephew and niece, who were brought up by this lady and who are presumably grieving for her. And so far no-one has indicated that you have even the proverbial snowball's chance of success.

    You may not think this is fair. Your children may not think this is fair, but they are grown ups not toddlers, and one of the best lessons we can teach our children in that in-between stage is that life is NOT fair. What matters is how we deal with things we don't go the way we want / expect / think would be fair. You (and they) can expend a deal of money and emotional energy, but it would IMO be far better to act with dignity and restraint and accept that the grandmother they saw once a year chose not to include them in her will. End of.
    Still knitting!
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