Contesting a will....
Discussion
I am after some advice on behalf of a friend of mine, who is currently on a round the world trip...
Is it possible to contest a will after it has been executed?
A friend of mine's mother died about 2 years ago. She left her estate to her partner on the proviso that when he died any remaining equity would be left to her grand-children.
Forward to last month and my friend's sister was visiting their mother's grave on the anniversary of her mother's death. She discovered that buried next to her mum was her mother's partner.
It turns out that he drank himself to death and died last May. In his will he expressly stated that there should be no public announcement of his death and that the entire estate should be left to charity.
It is my understanding that the 'no public announcement' clause in his will was soley to prevent any relatives finding out he had died, and contesting it.
Can my friend or his sister contest this will, given that it was executed last May?
Is it possible to contest a will after it has been executed?
A friend of mine's mother died about 2 years ago. She left her estate to her partner on the proviso that when he died any remaining equity would be left to her grand-children.
Forward to last month and my friend's sister was visiting their mother's grave on the anniversary of her mother's death. She discovered that buried next to her mum was her mother's partner.
It turns out that he drank himself to death and died last May. In his will he expressly stated that there should be no public announcement of his death and that the entire estate should be left to charity.
It is my understanding that the 'no public announcement' clause in his will was soley to prevent any relatives finding out he had died, and contesting it.
Can my friend or his sister contest this will, given that it was executed last May?
My understanding of this is enormously weak - but the two things I'm reasonably sure of:
1) There would be no way for the "to pass to her grand children" proviso could be enforced. Her say ends at her will.
2) All wills are public record and would be viewable (at the records office I think - somewhere in London). The announcement may not be made but people can still see who has died.
Not sure on contesting it, but I don't think your friend's mother can have any say on what happens to the estate once it has passed to her beneficiary. Best seek proper legal advice though.
Simon
1) There would be no way for the "to pass to her grand children" proviso could be enforced. Her say ends at her will.
2) All wills are public record and would be viewable (at the records office I think - somewhere in London). The announcement may not be made but people can still see who has died.
Not sure on contesting it, but I don't think your friend's mother can have any say on what happens to the estate once it has passed to her beneficiary. Best seek proper legal advice though.
Simon
Wills are an absolute nightmare of a situation if used by relatives to take one final swipe at their families.
I am anticipating having to contest one in future, because it could damage my children by leaving them a lot of money. (Sounds strange I know, but there is a very serious reason for my position on this).
I don't know how much luck I will have though.
The wills system is open to abuse and utterly unreasonable behaviour - and it seems the living can't do much about the warped wishes of the dead.
I am anticipating having to contest one in future, because it could damage my children by leaving them a lot of money. (Sounds strange I know, but there is a very serious reason for my position on this).
I don't know how much luck I will have though.
The wills system is open to abuse and utterly unreasonable behaviour - and it seems the living can't do much about the warped wishes of the dead.
Edited by AlexKP on Tuesday 24th February 13:15
anonymous said:
[redacted]
Not sure why the living should have any control over the wishes of the dead.As far as the OP is concerned she needed to leave the money in trust to ensure that it went where she wanted. If she didn't do that then, as far as I am aware (and this isn't my area of expertise), there isn't a lot you can do.
I am pretty sure there are ways to leave property to eg. children while a surviving partner retains the right to live there. I can't remember exactly how it works but recall from when my Mum and her partner were investigating options for their wills. I suspect that it would require a properly legally drafted will rather than one just saying 'I want X to happen' though.
tank slapper said:
I am pretty sure there are ways to leave property to eg. children while a surviving partner retains the right to live there. I can't remember exactly how it works but recall from when my Mum and her partner were investigating options for their wills. I suspect that it would require a properly legally drafted will rather than one just saying 'I want X to happen' though.
I think the property is basically left to the children but the surviving partner is granted a life tenancy. tank slapper said:
I am pretty sure there are ways to leave property to eg. children while a surviving partner retains the right to live there. I can't remember exactly how it works but recall from when my Mum and her partner were investigating options for their wills. I suspect that it would require a properly legally drafted will rather than one just saying 'I want X to happen' though.
Yes, I believe it is something like a fee simple life in remainder or something like that (I never paid attention in Land Law, I only did 4 hours of revision to pass the exam..)... It was common enough to do, leave your property to someone to live in until they die, then it passes back to whomever you have stated.Therefore, in essence, upon the death of the person bequeathed the property, his equitable interest in the house ceases and it passes on to the person your grandmother specified.
Depends how the property had been bought.
My grandfather left the house & contents etc to his 2nd wife for the remainder of her life then to pass on to my father and his sister.
When she died, she left her belongings to her cousin, her will was drawn up at the same time as his, by the Bank when they bought the house.
When she died (10 years later), her cousin got everything because the house was in joint names & so made my granfathers will invalid.
We tried to contest it as the Bank had drawn up both wills and the sale of the house and had not informed anyone that my grandfather's will was invaild, but who can afford to fight a Bank?
My grandfather left the house & contents etc to his 2nd wife for the remainder of her life then to pass on to my father and his sister.
When she died, she left her belongings to her cousin, her will was drawn up at the same time as his, by the Bank when they bought the house.
When she died (10 years later), her cousin got everything because the house was in joint names & so made my granfathers will invalid.
We tried to contest it as the Bank had drawn up both wills and the sale of the house and had not informed anyone that my grandfather's will was invaild, but who can afford to fight a Bank?
Piglet said:
Your friend needs advice based on what their mother's will actually said as opposed to what they think it said and perhaps even what she wanted it to say.
She could have achieved what they say she wanted by way of her will as long as it was drafted correctly.
Yep. Does he have a copy of her last will? The one the executors of her estate relied upon? If not, he needs to get a copy now and see exactly what it says, but in land law, it is perfectly possible to allow someone to live in her house until their death then the title passes to your cousin.She could have achieved what they say she wanted by way of her will as long as it was drafted correctly.
Such an arrangement is perfectly feasible to achieve through the means mentioned above. Whether the will reflects this or not is anybodies guess. This is a fairly complicated area of law and people playing lawyer can make a complete hash of it. Similarly, a bank is not a law firm, therefore any sort of legal document like a will drawn up by a bank for me would go to a solicitor to check.
As has been said, get hold of the document and get a lawyer to read, interpret and advise as to whether you can do anything about it.
Good luck!
As has been said, get hold of the document and get a lawyer to read, interpret and advise as to whether you can do anything about it.
Good luck!
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