Contesting a will

[ruggief]

Hi, I appreciate this is a complicated issue but if anyone could point me in the right direction it would be appreciated. My father has just died leaving a will in which he leaves half his estate to my brother and half to my daughter. This he has done out of pure spite as he wants my sons to hate their sister because she has the inheritance and they don't. Very complicated family issues behind the decision. He has written to me and left phone messages saying he has done this as he wants to rip my family apart. By googling it seems to say that I cannot contest this as the court will appoint a guardian to my daughter as she's under age and will do everything possible to protect her interests. The outcome I would like is for the money to come to me so that I can use it for the benefit of the whole family or that it be split 3 ways between my children equally. Can anyone advise a website or solicitor or generally any help in this even if it's to say no it can't be done. Much appreciated thank-you

[bednobs]

yikes, he has just died and left you phone messages? cripes!

[ruggief]

Hi thanks for all replies. It's hugely tricky, my brother is happy with 50%. The only issue is the 50% left to my daughter and nothing to my sons. It is a significant amount of money and whist I hope my daughter would do the right thing and split it with the brothers that is my no means a guarantee and also it's 15 years in the future hard to predict what will happen in that time. My brother agrees (as the executor) with 50/50 split to him and me. Is there no way we can just get in a room explain to a judge or someone else how unfair this is and have her half split three ways as we as her parents are in agreement? Surely we should have some say in her future life

[LoftyLottie]

I doubt it very, very much. The will would have to be contested and this is extremely expensive with a minimal chance of success. Basically, it was your father's money to do what he liked with. He could have left it all to a cats home. None of us have any right to an inheritance. The money will be in trust until your daughter reaches maturity. What she does with it then is her decision. It's sad, but I think you will have to accept it.

And no, you can't just discuss with a judge how unfair this is. Unfairness doesn't come into it.

[LoftyLottie]

An executor cannot make decisions any more than you can. He is just there for administrative reasons and to make sure the estate is wound up properly in accordance with the law. The fact that your brother is an executor as well as a beneficiary is not relevant.

Sorry :o(

[dzug2]

You could, I think, ask the court to override your daughter's interest in favour of a more equal distribution. Neither you nor the executor can make the decision independently of the court.

You will have the court fee to pay (£400 I think) but there shouldn't be any opponents' costs if you lose -as there aren't any opponents.

What the chances of success are - wouldn't like to say. My guess is not high.

[Jonathan-Joe]

I don't see why people expect the brother to give up any of his share. For all we know, he may have (or intend to have) children to provide for.

[tamborine]

Your brother is unable to realise his 50% value of his father's property without your consent, as you are your minor daughter's guardian.

If your brother is the Executor, an agreement can be reached between you & him to realise the full value of the estate. You could then thwart your father's last wishes.

[LoftyLottie]

Not true Tambo.