Contest will question
Discussion
Hi all,
My uncle lives with my nan and grandad. He paid half the mortgage. My uncle is married and has a daughter who is over 18. His wife and daughter both live in the house too.
My grandad passed away two weeks ago. In his will, the house it to be sold once my nan passes and my uncle is to be paid 50%
My mum is worried my uncle is going to contest the will, does my uncle have any ground to do so?
I guess its peace of mind for my mum and she hates any kind of confrontation, and my grandad warned my mum he may try.
Any help thanks
My uncle lives with my nan and grandad. He paid half the mortgage. My uncle is married and has a daughter who is over 18. His wife and daughter both live in the house too.
My grandad passed away two weeks ago. In his will, the house it to be sold once my nan passes and my uncle is to be paid 50%
My mum is worried my uncle is going to contest the will, does my uncle have any ground to do so?
I guess its peace of mind for my mum and she hates any kind of confrontation, and my grandad warned my mum he may try.
Any help thanks
IntriguedUser said:
Hi all,
My uncle lives with my nan and grandad. He paid half the mortgage. My uncle is married and has a daughter who is over 18. His wife and daughter both live in the house too.
My grandad passed away two weeks ago. In his will, the house it to be sold once my nan passes and my uncle is to be paid 50%
My mum is worried my uncle is going to contest the will, does my uncle have any ground to do so?
I guess its peace of mind for my mum and she hates any kind of confrontation, and my grandad warned my mum he may try.
Any help thanks
Hi AnthonyMy uncle lives with my nan and grandad. He paid half the mortgage. My uncle is married and has a daughter who is over 18. His wife and daughter both live in the house too.
My grandad passed away two weeks ago. In his will, the house it to be sold once my nan passes and my uncle is to be paid 50%
My mum is worried my uncle is going to contest the will, does my uncle have any ground to do so?
I guess its peace of mind for my mum and she hates any kind of confrontation, and my grandad warned my mum he may try.
Any help thanks
I am sorry to hear about your very recent loss.
On what grounds does your mum suspect he may contest this?
In the absence of any fraud or any mental capacity, insufficient knowledge to make out the Will, or undue influence 9and assuming the will complies with Section 9 if the Wills Act (1837), then he is left only with 'reasonable financial provision'.
As he (and his family) have been cohabitating for two or more years (I assume) in the property this is about the only claim they could possibly make.
This is going to be very difficult for him to contest though and on the balance of probability your mum would have an equal case to contesting the will.
Unless he is on the title deeds, then paying half the mortgage actually doesn't really count towards anything (it is akin to paying rent).
So your grandad’s will seems to be incredibly fair with regards to provision for your uncle and the court should enforce your grandad's wishes, unless there is a very serious reason to amend them, if he contests this.
Any robust solicitor would advise him against such action in the first place.
I hope this is of some help and comfort.
I believe after having just spoke to my mum that he is on the deeds, and paid half the mortgage. Although he is only to get half of the money from when he started paying his half.
The will is legit, and my grandad was of sound mind, without question.
My initial thought was some claim from uncle making out he would be homeless if he has to leave the house at such short notice, ect ect
But then technically he has had from when the will was made to prepare for it, as a counter argument.
The will is legit, and my grandad was of sound mind, without question.
My initial thought was some claim from uncle making out he would be homeless if he has to leave the house at such short notice, ect ect
But then technically he has had from when the will was made to prepare for it, as a counter argument.
JulianPH said:
Hi Anthony
I am sorry to hear about your very recent loss.
On what grounds does your mum suspect he may contest this?
In the absence of any fraud or any mental capacity, insufficient knowledge to make out the Will, or undue influence 9and assuming the will complies with Section 9 if the Wills Act (1837), then he is left only with 'reasonable financial provision'.
As he (and his family) have been cohabitating for two or more years (I assume) in the property this is about the only claim they could possibly make.
This is going to be very difficult for him to contest though and on the balance of probability your mum would have an equal case to contesting the will.
Unless he is on the title deeds, then paying half the mortgage actually doesn't really count towards anything (it is akin to paying rent).
So your grandad’s will seems to be incredibly fair with regards to provision for your uncle and the court should enforce your grandad's wishes, unless there is a very serious reason to amend them, if he contests this.
Any robust solicitor would advise him against such action in the first place.
I hope this is of some help and comfort.
Thank you.I am sorry to hear about your very recent loss.
On what grounds does your mum suspect he may contest this?
In the absence of any fraud or any mental capacity, insufficient knowledge to make out the Will, or undue influence 9and assuming the will complies with Section 9 if the Wills Act (1837), then he is left only with 'reasonable financial provision'.
As he (and his family) have been cohabitating for two or more years (I assume) in the property this is about the only claim they could possibly make.
This is going to be very difficult for him to contest though and on the balance of probability your mum would have an equal case to contesting the will.
Unless he is on the title deeds, then paying half the mortgage actually doesn't really count towards anything (it is akin to paying rent).
So your grandad’s will seems to be incredibly fair with regards to provision for your uncle and the court should enforce your grandad's wishes, unless there is a very serious reason to amend them, if he contests this.
Any robust solicitor would advise him against such action in the first place.
I hope this is of some help and comfort.
I believe according to my mum he is on the deeds. My mum believes he will contest the will because my grandad had been pestering my nan to speak to my mum about the will. For whatever reason my grandad himself believes he may contest it.
Thanks for your advice it should put my mum at ease. Her biggest concern isn't the will it's the possible confrontation.
Regards
IntriguedUser said:
Thank you.
I believe according to my mum he is on the deeds. My mum believes he will contest the will because my grandad had been pestering my nan to speak to my mum about the will. For whatever reason my grandad himself believes he may contest it.
Thanks for your advice it should put my mum at ease. Her biggest concern isn't the will it's the possible confrontation.
Regards
No problem.I believe according to my mum he is on the deeds. My mum believes he will contest the will because my grandad had been pestering my nan to speak to my mum about the will. For whatever reason my grandad himself believes he may contest it.
Thanks for your advice it should put my mum at ease. Her biggest concern isn't the will it's the possible confrontation.
Regards
If your uncle is on the title deeds as owning 50% of the property, then your grandad’s will would not have needed to stipulate that he would inherit something he already owns.
Whoever drafted this would have (or should have) addressed this issue at the time.
His only argument could be that there was an understanding that his 50% investment in ownership gave him an indefinite right of occupancy. This may be very difficult to prove - and he would have to prove this (rather than your mum having to disprove this).
I would see what the will actually says before worrying about anything.
What does the will actually say your grandfather wants to happen to his 50% interest of the property? Is it to go completely to your mother or to be split equally between his children? (The uncle and your mum if there's no other siblings.)
It does seem a bit messy to have any stipulations of a forced sale for something he doesn't truly own. The most likely outcome is that your uncle buy out your mothers share, but perhaps agreeing on a value will prove difficult.
It does seem a bit messy to have any stipulations of a forced sale for something he doesn't truly own. The most likely outcome is that your uncle buy out your mothers share, but perhaps agreeing on a value will prove difficult.
Sorry for your loss. I hope your family manage to keep things civil. Families and money can be a nightmare. We’ve recently updated our wills etc and it took a while to do it properly. Once you start working through the various implications of things, it gets complex. The devil is always in the detail and a good solicitor is invaluable.
Thanks for all the advice and input.
I will suggest my mum talks to my nan to look at the details closer.
I think my mums worry is my uncle decides the house isn't going to get sold and hes going to continue living there against my grandad wishes.
I'm out of my depth here anyway.
Thanks again
I will suggest my mum talks to my nan to look at the details closer.
I think my mums worry is my uncle decides the house isn't going to get sold and hes going to continue living there against my grandad wishes.
I'm out of my depth here anyway.
Thanks again
Sorry for your loss.
What I suggest you do is get all the paperwork together - the will, mortgage statements, deeds etc and relevant correspondence and take advice from a solicitor that is dealing with probate and hopefully one that is familiar with some of these issues. As has been said, the paperwork is key and in the absence of specific correspondence confirming any specific arrangement, your uncle will be required to prove his side of the claim as it were.
There are solicitors that specialise in contested wills and from speaking to one at length (in a social context, I might add), one of their first jobs when dealing with a challenged will, is making the parties aware of the costs involved in terms of challenging wills - usually discourages the chancers.
What I suggest you do is get all the paperwork together - the will, mortgage statements, deeds etc and relevant correspondence and take advice from a solicitor that is dealing with probate and hopefully one that is familiar with some of these issues. As has been said, the paperwork is key and in the absence of specific correspondence confirming any specific arrangement, your uncle will be required to prove his side of the claim as it were.
There are solicitors that specialise in contested wills and from speaking to one at length (in a social context, I might add), one of their first jobs when dealing with a challenged will, is making the parties aware of the costs involved in terms of challenging wills - usually discourages the chancers.
arguti said:
Sorry for your loss.
What I suggest you do is get all the paperwork together - the will, mortgage statements, deeds etc and relevant correspondence and take advice from a solicitor that is dealing with probate and hopefully one that is familiar with some of these issues. As has been said, the paperwork is key and in the absence of specific correspondence confirming any specific arrangement, your uncle will be required to prove his side of the claim as it were.
There are solicitors that specialise in contested wills and from speaking to one at length (in a social context, I might add), one of their first jobs when dealing with a challenged will, is making the parties aware of the costs involved in terms of challenging wills - usually discourages the chancers.
ACTAPS solicitor not anyone else..can be a bit complicated area and best to get a specialist not a general solicitor IMO? Don't ask me how I know.What I suggest you do is get all the paperwork together - the will, mortgage statements, deeds etc and relevant correspondence and take advice from a solicitor that is dealing with probate and hopefully one that is familiar with some of these issues. As has been said, the paperwork is key and in the absence of specific correspondence confirming any specific arrangement, your uncle will be required to prove his side of the claim as it were.
There are solicitors that specialise in contested wills and from speaking to one at length (in a social context, I might add), one of their first jobs when dealing with a challenged will, is making the parties aware of the costs involved in terms of challenging wills - usually discourages the chancers.
https://actaps.com/
Update:
I have the will, I had no idea the language used was so, specific, almost a word salad to throw you off, sounds like my ex who would gaslight me!
Here's my understanding,
My nan and uncle are both executors and trustees. If my nan died within one month of the will being made, then my uncle could live in the house as long as he wants, but isn't allowed to let it. When he decided to leave (which makes it clear it would be his decision) then the house would be split as outlined.
If my nan survived the one month (which she has) then she gets everything gifted to her, which upon her death would automatically be split as outlined.
To be honest I'm well out my depths, something about 30 days and section 55 lol
This is all quite interesting, I've probably analysed it wrong, I will go with my mum or call the solicitors to ease her mind.
Cheers
I have the will, I had no idea the language used was so, specific, almost a word salad to throw you off, sounds like my ex who would gaslight me!
Here's my understanding,
My nan and uncle are both executors and trustees. If my nan died within one month of the will being made, then my uncle could live in the house as long as he wants, but isn't allowed to let it. When he decided to leave (which makes it clear it would be his decision) then the house would be split as outlined.
If my nan survived the one month (which she has) then she gets everything gifted to her, which upon her death would automatically be split as outlined.
To be honest I'm well out my depths, something about 30 days and section 55 lol
This is all quite interesting, I've probably analysed it wrong, I will go with my mum or call the solicitors to ease her mind.
Cheers
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