Help with will (or lack of)
Discussion
I'm after some advice if possible please after the death of my grandfather a few weeks ago.
First some background,
He was my father's father
He lived alone in a house he had owned outright
He had 3 children
My father passed away 13 years ago.
My uncle has been sorting all his affairs out and has not mentioned anything about a will, my mother believes that if there is no will I should be entitled to my father's share of the house sale as I am his surviving heir ( not sure if that's the right term) and if there is a will and my father or myself are not mentioned in it I should contest it. I haven't got a clue how it works and to be honest the money would be a real help in my life but I don't want to fall out with family as I was close to my grandfather and this isn't what he would have wanted
First some background,
He was my father's father
He lived alone in a house he had owned outright
He had 3 children
My father passed away 13 years ago.
My uncle has been sorting all his affairs out and has not mentioned anything about a will, my mother believes that if there is no will I should be entitled to my father's share of the house sale as I am his surviving heir ( not sure if that's the right term) and if there is a will and my father or myself are not mentioned in it I should contest it. I haven't got a clue how it works and to be honest the money would be a real help in my life but I don't want to fall out with family as I was close to my grandfather and this isn't what he would have wanted
Oddly enough you may well be better off if there isn't one. This because in that situation the rules of intestacy apply. You will inherit your father's share - https://www.gov.uk/inherits-someone-dies-without-w... (I assume by lived alone you mean there is no living spouse/civil partner).
If there is a will it's a whole different ballgame. The estate will be distributed according to its terms. So finding it and discovering what it says (or, just as important, doesn't say) is crucial.
As far as a possible challenge is concerned, a court will assume the will is valid, so the onus is on the challenger to provide evidence that suggests otherwise.
However, not only do you have to have sufficient grounds you have to be in the category of persons who can mount one - http://www.inbrief.co.uk/estate-law/contesting-a-w...
If there is a will it's a whole different ballgame. The estate will be distributed according to its terms. So finding it and discovering what it says (or, just as important, doesn't say) is crucial.
As far as a possible challenge is concerned, a court will assume the will is valid, so the onus is on the challenger to provide evidence that suggests otherwise.
However, not only do you have to have sufficient grounds you have to be in the category of persons who can mount one - http://www.inbrief.co.uk/estate-law/contesting-a-w...
sorry for your loss, the added unsettling discussion of inheritance at this time can't be a good thing to have to deal with.
as already covered: no will = share between the heirs in logical sequence of, I think, spouse, then offspring, then their offspring, if none of these around, siblings and after that siblings of parents (both sibling options including their offspring), never worked out how many generations you can reverse through to find an heir though.
If there is a will - it prevails, provided it was generated properly and correctly witnessed.
The last point is quite important: a relative died whilst in hospital. He was concerned he might so wrote a will, which was largely to the benefit of my aunt. Unfortunately it was not witnessed correctly, she was one of only a small number who found this out, but when she told the solicitor sorting things out that effectively tore the will up, so the generic rules applied and it was divided between all eligible heirs - with a catholic family that ended up spreading it rather thinly, even to relatives that had to be found with a private detective!
Only point in relaying that is some of what you've said implies your mum perhaps has reason to mistrust your uncle? As you say, creating tension within the family can be a very bad outcome of dealing with inheritance, presumably you can talk with the uncle? perhaps ask if things are getting sorted okay and offer your help? He may (or may not...) mention there being a will and/or how things are likely to pan out?
as already covered: no will = share between the heirs in logical sequence of, I think, spouse, then offspring, then their offspring, if none of these around, siblings and after that siblings of parents (both sibling options including their offspring), never worked out how many generations you can reverse through to find an heir though.
If there is a will - it prevails, provided it was generated properly and correctly witnessed.
The last point is quite important: a relative died whilst in hospital. He was concerned he might so wrote a will, which was largely to the benefit of my aunt. Unfortunately it was not witnessed correctly, she was one of only a small number who found this out, but when she told the solicitor sorting things out that effectively tore the will up, so the generic rules applied and it was divided between all eligible heirs - with a catholic family that ended up spreading it rather thinly, even to relatives that had to be found with a private detective!
Only point in relaying that is some of what you've said implies your mum perhaps has reason to mistrust your uncle? As you say, creating tension within the family can be a very bad outcome of dealing with inheritance, presumably you can talk with the uncle? perhaps ask if things are getting sorted okay and offer your help? He may (or may not...) mention there being a will and/or how things are likely to pan out?
e39darren said:
my mother believes that if there is no will I should be entitled to my father's share of the house sale as I am his surviving heir ( not sure if that's the right term) and if there is a will and my father or myself are not mentioned in it I should contest it.
I think she's wrong on both counts. No will and the estate is left to those still alive in the correct order, so split between all surviving children if your granddad's wife is not alive. You get nothing.If there is a will and your father is mentioned, then it's tough luck as he's no longer around. If he or you aren't mentioned, then that's because you weren't left anything. Your only hope is a will that leaves money to your father with instructions for it to pass to his children if he is no longer around.
TwigtheWonderkid said:
e39darren said:
my mother believes that if there is no will I should be entitled to my father's share of the house sale as I am his surviving heir ( not sure if that's the right term) and if there is a will and my father or myself are not mentioned in it I should contest it.
I think she's wrong on both counts. No will and the estate is left to those still alive in the correct order, so split between all surviving children if your granddad's wife is not alive. You get nothing.If there is a will and your father is mentioned, then it's tough luck as he's no longer around. If he or you aren't mentioned, then that's because you weren't left anything. Your only hope is a will that leaves money to your father with instructions for it to pass to his children if he is no longer around.
TwigtheWonderkid said:
e39darren said:
my mother believes that if there is no will I should be entitled to my father's share of the house sale as I am his surviving heir ( not sure if that's the right term) and if there is a will and my father or myself are not mentioned in it I should contest it.
I think she's wrong on both counts. No will and the estate is left to those still alive in the correct order, so split between all surviving children if your granddad's wife is not alive. You get nothing.If there is a will and your father is mentioned, then it's tough luck as he's no longer around. If he or you aren't mentioned, then that's because you weren't left anything. Your only hope is a will that leaves money to your father with instructions for it to pass to his children if he is no longer around.
TwigtheWonderkid said:
e39darren said:
my mother believes that if there is no will I should be entitled to my father's share of the house sale as I am his surviving heir ( not sure if that's the right term) and if there is a will and my father or myself are not mentioned in it I should contest it.
I think she's wrong on both counts. No will and the estate is left to those still alive in the correct order, so split between all surviving children if your granddad's wife is not alive. You get nothing.If there is a will and your father is mentioned, then it's tough luck as he's no longer around. If he or you aren't mentioned, then that's because you weren't left anything. Your only hope is a will that leaves money to your father with instructions for it to pass to his children if he is no longer around.
On the second, yes, the will stands as written unless it is defective (as has already been mentioned by llewop).
As for contesting it, the OP's mum needs to read the other link I posted because she is giving him false hope.
He is not one of those in categories 1 to 5 and the chances of being in category 6 is nigh on non existent.
* I have assumed the relevant jurisdiction is E&W, not Scotland or NI.
Another point to bear in mind. If there is a will and the father is named the OP could still be excluded.
It is by no means unusual to find a will which disapplies Section 33 of the Wills Act (as amended)
See - http://www.legislation.gov.uk/ukpga/1982/53/sectio...
The correct wording is crucial to ensure a will reflects the testator's actual intentions.
It is also important to consider 'what if' scenarios and ensure these are taken into account.
Trying to do it on the cheap can leave their descendants paying the price for their parsimony.
Beggarall said:
You might like to try working through this link. Since your father died before your grandfather you should (jointly with any siblings) inherit his share. Assuming there are no other complications, the executors should be aware of this.
You're a bit late: the party started many hours ago. 
TwigtheWonderkid said:
e39darren said:
my mother believes that if there is no will I should be entitled to my father's share of the house sale as I am his surviving heir ( not sure if that's the right term) and if there is a will and my father or myself are not mentioned in it I should contest it.
I think she's wrong on both counts. No will and the estate is left to those still alive in the correct order, so split between all surviving children if your granddad's wife is not alive. You get nothing.If there is a will and your father is mentioned, then it's tough luck as he's no longer around. If he or you aren't mentioned, then that's because you weren't left anything. Your only hope is a will that leaves money to your father with instructions for it to pass to his children if he is no longer around.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff