contesting a will, what would you do?
Discussion
I'm looking for some guidance here, as im really in turmoil right now.
bit of history to help.
I never met my dad until I was 18 (im now 40) and of course, the rest of his side of the family were met the same time.
My grandmother was the one who wanted to find me, and everyone was glad she did.
she passed away xmas time, her both sons (my dad and uncle) sadly had died before her, my uncle 5 years ago and my dad last June.
her will (living in Scotland) was left so that everything went to my dad, or if he was gone to one of the grandchildren.
Now, it gets fun....
she fell out with the other 2 grandchildren in a rather dramatical way and never spoke to them again.
when my father was told he had cancer, she wanted to change her will, but as she had been diagnosed with senile dimension the Dr would not sign her as being of fit mind to do so.
so the will, as it stands now everything goes to one granddaughter who she wanted nothing to do with.
her best friend (who she spent the last 45 years with) and my mother have said I should contest the will, as Scottish law says I could, and I would get 25% of the estate roughly around 19k.
this does not sit well with me at all, and ive expressed this to everyone. now to add another brain f
k to the equation, on my uncles death bed, my father made him a promise, that when their mother died, my dad would make sure that 50% of what he was left, would go to my aunty to make her life easier. the granddaughter who has been left everything, is her daughter and she will make no allowance for any promise made by my father to HER mother.
my head is totally scrambled, and I fear what ever I do now, will piss someone off.
if I do, my cousins will think im a grabbing tt, if I don't, then my aunty gets zilch and my fathers promise is broken (through no fault of his I know, but still)
Now, me....I wont and cant deny that a few k would come in handy, but at what price? all I have to my name, is my reputation. one at this time that is a good one, and im seen as a stand up guy who asks and expects nothing. that could all change if I follow the wishes of my mother and my grans best friend
fked if I do fked if I don't...
help, what would you do ?
bit of history to help.
I never met my dad until I was 18 (im now 40) and of course, the rest of his side of the family were met the same time.
My grandmother was the one who wanted to find me, and everyone was glad she did.
she passed away xmas time, her both sons (my dad and uncle) sadly had died before her, my uncle 5 years ago and my dad last June.
her will (living in Scotland) was left so that everything went to my dad, or if he was gone to one of the grandchildren.
Now, it gets fun....
she fell out with the other 2 grandchildren in a rather dramatical way and never spoke to them again.
when my father was told he had cancer, she wanted to change her will, but as she had been diagnosed with senile dimension the Dr would not sign her as being of fit mind to do so.
so the will, as it stands now everything goes to one granddaughter who she wanted nothing to do with.
her best friend (who she spent the last 45 years with) and my mother have said I should contest the will, as Scottish law says I could, and I would get 25% of the estate roughly around 19k.
this does not sit well with me at all, and ive expressed this to everyone. now to add another brain f
k to the equation, on my uncles death bed, my father made him a promise, that when their mother died, my dad would make sure that 50% of what he was left, would go to my aunty to make her life easier. the granddaughter who has been left everything, is her daughter and she will make no allowance for any promise made by my father to HER mother.my head is totally scrambled, and I fear what ever I do now, will piss someone off.
if I do, my cousins will think im a grabbing t
t, if I don't, then my aunty gets zilch and my fathers promise is broken (through no fault of his I know, but still)Now, me....I wont and cant deny that a few k would come in handy, but at what price? all I have to my name, is my reputation. one at this time that is a good one, and im seen as a stand up guy who asks and expects nothing. that could all change if I follow the wishes of my mother and my grans best friend
f
ked if I do fked if I don't...help, what would you do ?
will_ said:
What actual EVIDENCE do you have of any of this though?
All I can see coming is a massive legal bill.
evidence of what ?All I can see coming is a massive legal bill.
my gran tried to change the will, but couldnt.
her best friend of 45 years knew her wishes and has expressed them to the solicitor already, hence this contact asking me if i wish to contest the will from the solicitor.
everyone in the family knows about the falling out between her and the other grand children.
I'm not really sure what you mean though will sorry
and yes, i too can see a bloody huge legal bill if i were to do this
I see what you mean will yes, with regards contesting it.
the below is an extract from the solicitors letter this morning
"under scottish law, there is a provision know as legal right under which mrs ******* grandchildren are entitled to make a claim on the estate for the share which their parent would have been entitled to recieve, had they survived her."
with regards to why the will was the way it was. she changed her will after first falling out with grandchild num 1 but then was not seen of fit mind to cut out grand child 2.
my share, would have been at my fathers discretion. there was no way to know or guess at the time, that he would have not survived her.
with regards to the promise made between my dad and uncle, then my mother and my aunty were aware of it ( i wasnt until today when i spoke to my mother)
as my gran did not speak either to my uncle, there was no provision made for him or his wife you see.
its all a mess and i say i cant see a really good end to this no mater what is done.
the below is an extract from the solicitors letter this morning
"under scottish law, there is a provision know as legal right under which mrs ******* grandchildren are entitled to make a claim on the estate for the share which their parent would have been entitled to recieve, had they survived her."
with regards to why the will was the way it was. she changed her will after first falling out with grandchild num 1 but then was not seen of fit mind to cut out grand child 2.
my share, would have been at my fathers discretion. there was no way to know or guess at the time, that he would have not survived her.
with regards to the promise made between my dad and uncle, then my mother and my aunty were aware of it ( i wasnt until today when i spoke to my mother)
as my gran did not speak either to my uncle, there was no provision made for him or his wife you see.
its all a mess and i say i cant see a really good end to this no mater what is done.
julian64 said:
It is very very rare for a GP to say that someone is unfit to change their will.
It would never be instigated by the GP themselves. It would be a request for power of atourney by one of the relatives, and at the point the GP would like either sign it if he felt she was completely demented, or more likely refer her to a geriatrician for a formal assessment if there was any doubt.
I think it highly unlikely that a woman living alone would have the GP sign the document as being able to live alone suggests you have the faculites for self determination.
So your scenario makes no sense to me. Either she was being cared for like a demented parent and lost power of atourney, or was self independant but signed her own power of atourney away. (Even if she did number 2 she would still be able to revoke it).
She had spent the last 5 years living a residential home as her state of mind and health no longer allowed to live alone. hence why she would not pass as fit state of mind. at the start of her residence she was obviously a lot better than at the end. but none the less, her mind and memory were no longer what they should beIt would never be instigated by the GP themselves. It would be a request for power of atourney by one of the relatives, and at the point the GP would like either sign it if he felt she was completely demented, or more likely refer her to a geriatrician for a formal assessment if there was any doubt.
I think it highly unlikely that a woman living alone would have the GP sign the document as being able to live alone suggests you have the faculites for self determination.
So your scenario makes no sense to me. Either she was being cared for like a demented parent and lost power of atourney, or was self independant but signed her own power of atourney away. (Even if she did number 2 she would still be able to revoke it).
hger best friend had/has power of atourney, she is the one along with my mother that has suggest to contest it
can you see why my head is about to explode?
Edited by T_Pot on Wednesday 2nd February 15:54
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