Contesting a Will
Discussion
My Wife's Mother has days or weeks to live. My wife has two older sisters, one who lives half an hour away the other 2 or 3 hours and we live ten minutes away. MiL has been in remission from lung cancer for the last 18 years where my Wife supported her through treatment and when her Father became ill and died and again when her new partner also became ill and died. Her older sister fell out with her Mother for 10 years where they didn't speak. Mrs S has been told that everything has been left to her in the will but her sisters haven't been told. Her older sister will almost certainly contest the will. Where do we stand?
I am not a lawyer.
Do you have a copy of the will (I assume not)? When was it written (I assume she was of sound mind)? Was it prepared by her solicitor? Who is the Executor? On what basis might they contest? Is there a power of attorney in force?
I am not sure who 'defends' the validity of a will, the solicitor who prepared it? I guess you have to wait and see if they do contest.
Do you have a copy of the will (I assume not)? When was it written (I assume she was of sound mind)? Was it prepared by her solicitor? Who is the Executor? On what basis might they contest? Is there a power of attorney in force?
I am not sure who 'defends' the validity of a will, the solicitor who prepared it? I guess you have to wait and see if they do contest.
NDA said:
I am not a lawyer.
Do you have a copy of the will (I assume not)? When was it written (I assume she was of sound mind)? Was it prepared by her solicitor? Who is the Executor? On what basis might they contest? Is there a power of attorney in force?
I am not sure who 'defends' the validity of a will, the solicitor who prepared it? I guess you have to wait and see if they do contest.
Hey OP, this is an example of what you get by being a venal chiseller who seeks free legal advice from a car forum. Quality stuff, eh?Do you have a copy of the will (I assume not)? When was it written (I assume she was of sound mind)? Was it prepared by her solicitor? Who is the Executor? On what basis might they contest? Is there a power of attorney in force?
I am not sure who 'defends' the validity of a will, the solicitor who prepared it? I guess you have to wait and see if they do contest.
Spydaman said:
My Wife's Mother has days or weeks to live. My wife has two older sisters, one who lives half an hour away the other 2 or 3 hours and we live ten minutes away. MiL has been in remission from lung cancer for the last 18 years where my Wife supported her through treatment and when her Father became ill and died and again when her new partner also became ill and died. Her older sister fell out with her Mother for 10 years where they didn't speak. Mrs S has been told that everything has been left to her in the will but her sisters haven't been told. Her older sister will almost certainly contest the will. Where do we stand?
Writes a loving son in law.Taita said:
I think it's slightly unfair to jump on the OP, his missus could have asked him to do some research in advance of speaking to a lawyer etc.
There is also no indication that he isn't also interested in the wellbeing of his MIL, it's just not mentioned.
Try to see the best in people
I don’t think it’s even slightly unfair. If people are caring for their parents with one eye on a future payday they absolutely should be called out and vilified. Sadly, it’s not at all uncommon.There is also no indication that he isn't also interested in the wellbeing of his MIL, it's just not mentioned.
Try to see the best in people
Sycamore said:
I'm guessing the OP had another tab open with Autotrader up, and was just wondering what maximum price he should be setting in his searches.
There was a "which car" thread a couple of years from someone anticipating his grandmother's demise.OP: If the MIL still has a house, get over there pronto and change the locks.
Elderly people do like to string relatives along with false promises. It's likely she's left everything to her late partner's dole scum daughter "as you've all done well for yourselves.".
I've been through this. Without going in to the legalese of it all, the will is the will.
While it's not impossible, there are very few grounds to contest a will - and the ones there are are well documented in layman's speak
So as long as your MIL was of sound mind when she wrote it and it is correctly executed, there's little chance of it being overturned.
However, and this is advice to you and your wife particularly, never bank on what people tell you is in a will. Both my father and my grandmother told people they had left parts of their estate to various people - my father rewrote his will the day before he died and my grandmothers will was also quite different to what she'd said was in it to various people over the years.
My actual advice - forget about the will entirely and focus on making her last weeks/months/years as pleasant as possible. The last memories your wife will have with her mother are worth more than the £.
While it's not impossible, there are very few grounds to contest a will - and the ones there are are well documented in layman's speak
So as long as your MIL was of sound mind when she wrote it and it is correctly executed, there's little chance of it being overturned.
However, and this is advice to you and your wife particularly, never bank on what people tell you is in a will. Both my father and my grandmother told people they had left parts of their estate to various people - my father rewrote his will the day before he died and my grandmothers will was also quite different to what she'd said was in it to various people over the years.
My actual advice - forget about the will entirely and focus on making her last weeks/months/years as pleasant as possible. The last memories your wife will have with her mother are worth more than the £.
Question for BV. I have heard, if you want to cut a close relative out of your will, it's best to leave them a derisory amount, say £10. This shows that you hadn't lost your marbles and forgotten they exist, but demonstrates the contempt in which you held them. Thus by doing that, it makes it harder for those left a tenner to contest it.
Is there any truth in this, or is it just internet drivel. I kind of hope it's true, as it's petty and vindictive, two of my favourite attributes, but I suspect it isn't.
Is there any truth in this, or is it just internet drivel. I kind of hope it's true, as it's petty and vindictive, two of my favourite attributes, but I suspect it isn't.
That sounds like a bit of an urban myth.
The starting point is that everybody is free to dispose of their property as they please, assuming that the property is not subject to a mortgage or other charge and is not subject to a trust. NOBODY has any legally effective expectation of inheritance (subject to the statute point below).
When spouses own houses as joint tenants, the surviving spouse becomes sole owner by right of survivorship and not by inheritance.
Some dependents can make a statutory challenge to a Will if not sufficiently provided for. NB dependents only.
Challenging a Will is difficult, expensive, and time consuming, and doing so destroys family relations and disturbs peace of mind.
Anyone who wishes to challenge a Will should first read "Bleak House" by Charles Dickens.
General advice: It's only money. You didn't earn it. Get over it.
The starting point is that everybody is free to dispose of their property as they please, assuming that the property is not subject to a mortgage or other charge and is not subject to a trust. NOBODY has any legally effective expectation of inheritance (subject to the statute point below).
When spouses own houses as joint tenants, the surviving spouse becomes sole owner by right of survivorship and not by inheritance.
Some dependents can make a statutory challenge to a Will if not sufficiently provided for. NB dependents only.
Challenging a Will is difficult, expensive, and time consuming, and doing so destroys family relations and disturbs peace of mind.
Anyone who wishes to challenge a Will should first read "Bleak House" by Charles Dickens.
General advice: It's only money. You didn't earn it. Get over it.
holes on here this morning. Not sure why I’m surprised though. I see nothing wrong with asking the question and getting prepared, in fact I think it would be stupid not to. Good to see BV being a cock as normal. Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff