Legal question: help with will and possible contest
Discussion
Hi,
I'm trying to find out some legal info on behalf of my girlfriend and wondered if anyone could help.
There's some complicated family politics involved, but basically she's been shunned by all the members of her dad's side of the family except one. For years Rachael (my OH) been the only who's taken any notice of her great aunt and the pair are very close. As a result, a few years back she was named as the main recipient in her great aunt's will, getting the house amongst other things.
Fair enough.
However, the rest of the family are like something out of a Dickens novel. When 'said aunt was ill a while back they rushed up, not to help her, but to divide up her belongs between them. She wasn't just alive at the time she was in the room! Vultures, I think, would be the best description. Thankfully she recovered and is doing well, but that part of the family are still watching her like hawks for the chance to get hold of her (very modest OAP) possessions.
They have no idea that the house is going to Rachael and they will be mortified when they find out. We expect them to contest the will and possibly even physically steal things if they get there first. Her great aunt has made it very clear she doesn't want this to happen and she wants the house (or rather the money generated from selling it) to go to Rachael.
The question is - what will the legal position be if the 'Dickensian' relatives contest the will? Is there anything that could be done to strengthen the will?
Another issue is whether or not to get it out in the open now. I suggested this, but Rach is worried the more pikey side of the family will actually go round to her aunt's and try and intimidate her. It sounds like the best policy is to keep quiet at the moment and be prepared to defend against them when the time comes.
Any advice much appreciated.
I'm trying to find out some legal info on behalf of my girlfriend and wondered if anyone could help.
There's some complicated family politics involved, but basically she's been shunned by all the members of her dad's side of the family except one. For years Rachael (my OH) been the only who's taken any notice of her great aunt and the pair are very close. As a result, a few years back she was named as the main recipient in her great aunt's will, getting the house amongst other things.
Fair enough.
However, the rest of the family are like something out of a Dickens novel. When 'said aunt was ill a while back they rushed up, not to help her, but to divide up her belongs between them. She wasn't just alive at the time she was in the room! Vultures, I think, would be the best description. Thankfully she recovered and is doing well, but that part of the family are still watching her like hawks for the chance to get hold of her (very modest OAP) possessions.
They have no idea that the house is going to Rachael and they will be mortified when they find out. We expect them to contest the will and possibly even physically steal things if they get there first. Her great aunt has made it very clear she doesn't want this to happen and she wants the house (or rather the money generated from selling it) to go to Rachael.
The question is - what will the legal position be if the 'Dickensian' relatives contest the will? Is there anything that could be done to strengthen the will?
Another issue is whether or not to get it out in the open now. I suggested this, but Rach is worried the more pikey side of the family will actually go round to her aunt's and try and intimidate her. It sounds like the best policy is to keep quiet at the moment and be prepared to defend against them when the time comes.
Any advice much appreciated.
Chris71 said:
The question is - what will the legal position be if the 'Dickensian' relatives contest the will? Is there anything that could be done to strengthen the will?
Not really my area but, as I understand it, there are very limited bases on which you can challenge a will. Short of asserting that the old girl didn't actually make the will in question, or that she was subject to duress and so it did not represent her true wishes, it's difficult to challenge it solely on the basis that you don't like what it says.
There is a basis for certain family members to challenge a will on the basis that fails to make reasonable provision for their needs (Google the Inheritance (Provision for Family and Dependents) Act 1975) but it's usually limited to immediate family and won't often get very far if they're adults and so don't need to be provided for.
Bear in mind that the costs of defending any legal challenge come out of the estate. There's a real danger that there may not be a lot left after the fighting is done if it reaches trial and the estate is only modest to begin with.....
anonymous said:
[redacted]
Yes I to do see the irony in the post but play fair. If the Lady’s intentions are that it should go to a certain member of her family, they have told them that, and they are both concerned that there are other members of the family who would seek to override the donors last wishes for their own gain it is only fair and just to look at this.Anyone who has done a few weeks or more in a probate department will know that there are many cases where the relative who gets to the deceased’s house first ends up with all of Auntie Mable’s jewlery in the back of their car before the kettle has finished boiling. I know of one case where a disgruntled relative who was so incensed that they didn’t get anything out of the estate that they called up and cancelled the buildings insurance on the deceased’s house the day before it mysteriously burnt to the ground!
As posted by another. Rule number one is to make sure that the Will was drawn up by a Solicitor (preferably one with the letters TEP after their name). Secondly, if and only if, the (would be) donor is worried about this then perhaps some of the more valuable smaller assets could be handed over for safe keeping now.
anonymous said:
[redacted]
How predictable. 
Actually I've suggested she (the aunt) gives all of it to charitee to avoid the family making exactly the same sort of allegations that you are. Rachael doesn't really need the money and she's been very close to her aunt since childhood.
The other side of the family, in contrast, only remember her when there's a chance of getting hold of the money. They really are comedically self-interested. In the sense that Rach would rather see her aunt's wishes honoured than the house go to a bunch of theiving pikeys who've neglected her for decades, then yes, she wants to get hold of the money first.
The issue was actually raised by the aunt who's gone a bit morbid recently (started discussing what she wants after she's gone) and who's even talking about changing the locks and so on to keep the vultures out.
Anyway, back on topic...
The will was done by a solicitor and that's all I know I'm afraid. The aunt is most definitely of 'sound mind'.
Edited by Chris71 on Tuesday 26th August 11:58
Perhaps get one of these companies who do inventory lists for Lettings agents to do an inventory of the house, and get those contents named specifically in the will - therefore anyone taking anything will be guitly of theft (and possibly burglary)?
Also perhaps change the locks so none of them have keys?
Wouldn't stop the Pikey relatives, but you could certainly f
k with them after the fact...
Also perhaps change the locks so none of them have keys?
Wouldn't stop the Pikey relatives, but you could certainly f
k with them after the fact...I've nothing to add on any technical aspects of it as I haven't got a bloody clue.
What you are doing though is very important, when my Nan died the underhanded back stabbing pathetic arguments that arose due to money half ripped our family apart and some people who were good decent people turned into pondlife overnight.
Assuring a loved ones final wishes is a very important thing to do, they wouldn't want to see any fighting and also should have their last wishes granted.
Good luck.
Dave!
What you are doing though is very important, when my Nan died the underhanded back stabbing pathetic arguments that arose due to money half ripped our family apart and some people who were good decent people turned into pondlife overnight.
Assuring a loved ones final wishes is a very important thing to do, they wouldn't want to see any fighting and also should have their last wishes granted.
Good luck.
Dave!
I understand the logic, but I find the idea of taking an inventory while the person is still alive a step too far.
The only material possession that I think Rach would quite like are some of her aunt's records. Her great uncle was a jazz musician and the inspiration for Rach becoming a professional muso herself. He had some very rare recordings and it would be a shame if they ended up in a skip, while the vultures stripped the bungalow for anything more obviously valuable.
On the upside - that side of the family have pretty much disowned her already, so relations can't get any worse. (Basically Rach chose to stay with her mum when her parents split up, rather than go with her brothers to her abusive father and they've blamed her for splitting the family ever since... She was about 13 at the time.) There is however the prospect of law suits to look forward to and possibly even physical threats when they find out.
The only material possession that I think Rach would quite like are some of her aunt's records. Her great uncle was a jazz musician and the inspiration for Rach becoming a professional muso herself. He had some very rare recordings and it would be a shame if they ended up in a skip, while the vultures stripped the bungalow for anything more obviously valuable.
On the upside - that side of the family have pretty much disowned her already, so relations can't get any worse. (Basically Rach chose to stay with her mum when her parents split up, rather than go with her brothers to her abusive father and they've blamed her for splitting the family ever since... She was about 13 at the time.) There is however the prospect of law suits to look forward to and possibly even physical threats when they find out.
anonymous said:
[redacted]
I can't see Rach accepting them now even if they were offered. The record collection is very important to her aunt and I don't think Rach would accept any while Shirley (the aunt...) is still around to enjoy them.I think the best thing is sit on it unless Shirely shows an interest in talking about her will again. At which point it's probably worth checking that she's been specific about what goes to whom, so it's up to her to make changes if she then thinks it's too vague at present.
Swilly said:
anonymous said:
[redacted]
Mr Ultra-cynicalWhen i read the OP i was thinking the aim is to ensure aunty gets her dying wish and the pikey family are stopped from stealing everything.
Your comment says a lot about you
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