Waiving claim to last will and testament
Discussion
Right, here goes...
My father and uncle have always had issues with each other. My father and his parents had issues with each other. My father reconciled his relationship with his father a number of years ago and this fuelled animosity between my father and uncle. Recently their mother died. My father informed me that I, along with my brothers and sisters had been written into her will a few years back. My father initially said he was going to contest the will as he believes that his brother coerced his mother into changing it. He has now asked if I and my siblings will waive our claim to the will. I have reluctantly said yes to the request. What does this mean for me and my siblings other than we won't be receiving any of the estate? Is it possible that this could all go to court and my fathers claim be rejected? And if that happens will our claims be reinstated by the courts or have we waived our claim completely by electing our father in our place?
Yes, I know I should have got legal advice beforehand but I have to do what my father says out of respect and because I partially believe that the money should rightfully go to him.
My father and uncle have always had issues with each other. My father and his parents had issues with each other. My father reconciled his relationship with his father a number of years ago and this fuelled animosity between my father and uncle. Recently their mother died. My father informed me that I, along with my brothers and sisters had been written into her will a few years back. My father initially said he was going to contest the will as he believes that his brother coerced his mother into changing it. He has now asked if I and my siblings will waive our claim to the will. I have reluctantly said yes to the request. What does this mean for me and my siblings other than we won't be receiving any of the estate? Is it possible that this could all go to court and my fathers claim be rejected? And if that happens will our claims be reinstated by the courts or have we waived our claim completely by electing our father in our place?
Yes, I know I should have got legal advice beforehand but I have to do what my father says out of respect and because I partially believe that the money should rightfully go to him.
He definitely doesn't need the money. He only wants to do this because he feels that he has been slighted by the will and in his eyes that means his mother didn't love him. My question is can I simply waive my claim on the estate and pass it to him or does it have to be decided in court? and if it is decided in court is there a possibility that he gets nothing and neither do me and my siblings as we have waived our claim in his favour?
HTP99 said:
I don't know if I am reading the OP right but is your father no longer in his mothers will but you and your siblings are; is yours and your siblings share what your father should have received, if that is the case why would your father ask that you and your siblings waive your right to receive your share?
Yes. His share was 50% of the estate.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff