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mothers will .. help !!!!!! help !!!!!!!!!!!!
Hi all,my mother died a short while ago,and in her will she left everything to six of the family,leaving three sons out ,the reasons stated from not having any contact for over 25 years to being taken advantage of(REASONS I CANNOT SAY)the three mentioned are now contesting the will,at this time the solicitor is not keeping us informed on anything,we cannot sack him because he was appointed by my mother,is it wise to include them into the will or should we take it into court,we have been told it will go to crown court and will cost many thousands of pounds,the amount of the estate is worth hundreds of thousands,do you think they stand any chance of winning their claim,i would appreciate any help on this matter..CHEERS...........
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There are a number of valid reasons for contesting a will but here are the categories they fall under. Fraud: The person contesting the will may claim that the will that is going through probate is a complete fraud and must therefore be invalidated.
Not up to date: The person contesting the will may claim that there is a more up to date one, and that the one being used is old and therefore invalid. The contester may even be able to produce a more up to date will. Whether the claim is backed by evidence or not, it must be investigated before the probate process can continue.
decedent was not of sound mind: The contester may claim that the decedent was not of sound mind when he wrote the will, and that it is therefore invalid. Again, this is something that would have to be looked in to before the probate could continue.
Will written under influence from another: The person that contests the will may claim that the will was written under pressure and influence from another party, and is therefore invalid.
Will was not properly witnessed: The contester may claim that the will was not legally or properly witnessed and that the witness signatures are fraudulent, therefore invalidating the will. The courts will have to look in to this, and may have to try and locate the witnesses, which could delay the proceedings even further.
If you are sure that your mother did everything as it should be, then the 3 contestors really are trying their luck.
The solicitor appointed by your mother must at least be able to tell you on what grounds the will is being contested.
Not up to date: The person contesting the will may claim that there is a more up to date one, and that the one being used is old and therefore invalid. The contester may even be able to produce a more up to date will. Whether the claim is backed by evidence or not, it must be investigated before the probate process can continue.
decedent was not of sound mind: The contester may claim that the decedent was not of sound mind when he wrote the will, and that it is therefore invalid. Again, this is something that would have to be looked in to before the probate could continue.
Will written under influence from another: The person that contests the will may claim that the will was written under pressure and influence from another party, and is therefore invalid.
Will was not properly witnessed: The contester may claim that the will was not legally or properly witnessed and that the witness signatures are fraudulent, therefore invalidating the will. The courts will have to look in to this, and may have to try and locate the witnesses, which could delay the proceedings even further.
If you are sure that your mother did everything as it should be, then the 3 contestors really are trying their luck.
The solicitor appointed by your mother must at least be able to tell you on what grounds the will is being contested.
There are some countries eg France where you cannot disinherit your kids. As far as I am aware in the UK you can leave your assets to whoever you like. Check out this will site that says the same ... I would be asking the solicitor concerned or contacting the Law Society to find out if the ones who contest it will be liable to pay your solicitors fees in the event of them losing their challenge. If that is the case tell some one in the family with a big mouth so the news works back to those concerned...
http://www.primewills.co.uk/estate_planning_sp ecialists.htm
http://www.lawsociety.org.uk/home.law
or direct to their wills and probate bit
http://www.lawsociety.org.uk/areasoflaw/view=a reasoflawdetails.law?AREAOFLAW=Wills%20and%20p robate&AREAOFLAWID=75
http://www.primewills.co.uk/estate_planning_sp ecialists.htm
http://www.lawsociety.org.uk/home.law
or direct to their wills and probate bit
http://www.lawsociety.org.uk/areasoflaw/view=a reasoflawdetails.law?AREAOFLAW=Wills%20and%20p robate&AREAOFLAWID=75
If the omitted sons were financially dependent on your mother then they could put in a claim for reasonable provision.
Given that there has been no contact for 25 years I hardly think that this could be the case.
You don't take them to court - they take you to court if they decide to contest having heard the likely fees and the likely outcome - they will lose.
I am assuming you are not in Scotland - it is more difficult to disinherit children there and they may have a valid case.
Even if you land up paying the court fees it will be worth it given the size of the estate.
Given that there has been no contact for 25 years I hardly think that this could be the case.
You don't take them to court - they take you to court if they decide to contest having heard the likely fees and the likely outcome - they will lose.
I am assuming you are not in Scotland - it is more difficult to disinherit children there and they may have a valid case.
Even if you land up paying the court fees it will be worth it given the size of the estate.
I used to work in Wills and Probate for a local Solicitors Firm.
One Will Icame across read something along the lines of :-
I do not want anyone at my funeral, no service, nothing. I want to be taken down south in a box, cremated and my ashes scattered over The Garden of Rememberence. Please do not tell my son that I am dead.
I wish to leave (over a million pounds) and the rest of my estate to the RSPCA.
My reason for leaving my son NOTHING is because that is what he has given me ..................... NOTHING.
This lady had also not seen her son for a good number of years. Unfortunatey, before the Will was read her friend had already informed the Grandaughter (child of her son). He was straight on the phone to us and tried himself to contest it.
Unfortunately the RSPCA have a fantastic Legal Team and he lost - miserably.
I think the 3 brothers are chancing their luck and dzug is right, the brothers would have to take you to Court and not visa versa.
If however, you DO want to give them something as a gesture of good will then give them a thousand pounds each for a holiday or a piece of jewellery that they can remember their Mother by.
If you dont and wish to respect your Mothers wishes then Dont !
Katie. x
One Will Icame across read something along the lines of :-
I do not want anyone at my funeral, no service, nothing. I want to be taken down south in a box, cremated and my ashes scattered over The Garden of Rememberence. Please do not tell my son that I am dead.
I wish to leave (over a million pounds) and the rest of my estate to the RSPCA.
My reason for leaving my son NOTHING is because that is what he has given me ..................... NOTHING.
This lady had also not seen her son for a good number of years. Unfortunatey, before the Will was read her friend had already informed the Grandaughter (child of her son). He was straight on the phone to us and tried himself to contest it.
Unfortunately the RSPCA have a fantastic Legal Team and he lost - miserably.
I think the 3 brothers are chancing their luck and dzug is right, the brothers would have to take you to Court and not visa versa.
If however, you DO want to give them something as a gesture of good will then give them a thousand pounds each for a holiday or a piece of jewellery that they can remember their Mother by.
If you dont and wish to respect your Mothers wishes then Dont !
Katie. x
I assume the solicitor was appointed as executor in the will. If there are also any other executors then the solicitor cannot act without their agreement and must keep them fully informed. He should also keep the beneficiaries informed if there are alternative courses of action (i.e. either to go to Court, of to allow the claim), so that they can (at the least) express an opinion on what should be done.
The sons who are challenging the will must have their own solicitor or be representing themselves - the solicitor who is executor cannot also act for them (& nor should any other solicitor in his firm).
If you really cannot get any information from the solicitor you should consider whether to use his firm's complaint procedure to try to get the position clarified.
The sons who are challenging the will must have their own solicitor or be representing themselves - the solicitor who is executor cannot also act for them (& nor should any other solicitor in his firm).
If you really cannot get any information from the solicitor you should consider whether to use his firm's complaint procedure to try to get the position clarified.
As long as a Will is valid - i.e. witnessed appropriately and made by a person of 'sound mind' then they can leave their estate to whomsoever they please. If someone has been 'disinherited' then they usually know the reason why. Contest the Will via the Courts if they wish, but it will cost megabucks and it is not a certainty that the outcome will be in their favour. Why should it? The deceased has already made their wishes clear by disinheriting them in the first place!
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