contesting a will

[mizzflex]

I am currently contesting my grandmothers will. I have been asked to prove who I am ( as the exector doesnt believe i am my fathers daughter)
My brother and I are both his children 100% but how can I prove this....If his name isnt on my birth cert.

The exector has cleared everything in the house including evidence of mine and my brothers exsistance.
Any advice welcome...

[mrs_overall]

Is your father still alive?
Did you live with your father/did your father raise you?

Your question raises more questions! I think more info on the circumstances is needed before a definitive answer can be given.
Why are you challenging this will?

[mizzflex]

My father died 12 years ago and his brother 7 years ago. All cremated.

My Brother and I are the remaining relatives to my fathers family but dont have his surname.

I had contact with my grandmother as well as my father and uncle as a child.

[mrs_overall]

OK.
You still haven't said why you are challenging the will. Who was the estate left to?

Do you have any photo's of you with your dad or grandma?
Are there any relatives who would swear to the facts on an avidavit?
Are there any other relatives still alive so you could go down the DNA route?

[dzug]

You don't sound as though you have any grounds for contesting the will whatsoever.

You may have grounds for seeking reasonable provision under it - unlikely to succeed unless you were financially dependent on her.

You may have grounds for a claim that you are a beneficiary (directly or indirectly) under it. That's not contesting it - just asking for it to be executed properly.

I'd say, given that you seem to be struggling with what you are doing, that consulting a solicitor is your best way ahead.

[mizzflex]

The grounds i have to contest are ....I am her Next of Kin

Her will was changed 8 weeks before she died and I dont know who this person is who was left her estate. She claims to be a distant relative but My fathers best friend fails to aknowledge her as being so, and the will shows no indication either.

There are No other relatives on my fathers side except my brother whom I have direct contact with.
When i couldnt contact my nan before xmas i rang the hospitals, i found her ....spoke to her....but when i went to visit her she had been discharged and apparently taken with her 'daughter' (whom she doesnt have, and i take it its this woman)

Since then i tried callin at the house but no-one was home, i left notes, letters and only last month when the phone line went dead realised something must have happened.

The neighbour informed me the house was being cleared out and apparently my nan died 3 months before....she too was unaware of what was going on.
When my grandmother died No-one contacted us or any of her neighbours or friendswith regards to this. This person took her 100 miles away to die. No-one knew she died until 12 weeks after her death and no one was invited to the funeral.

It all seems suspicious....

I have a solicitor and requested permission to see medical notes to see my grandmother was in sound mind ...and to see whom this person was

But they have said i need to prove i am related to my grandmother as they claim i am not my fathers daughter.
Which is a lie.

As all the family have been cremated and I only have avidavis ....is this enough to prove who i am ....

[dzug]

Well your solicitor should be able to advise you about whether the evidence you have is sufficient to prove your identity. If it isn't your claim cannot be pursued.

[factor-fiction]

You need to engage a solicitor.

[Barmaid]

Some questions:-

you say her will was changed 8 weeks before she died - who was named as a beneficiary under that will?
Have you lodged a caveat?
Has your solicitor written an "ACTAPS" pre action protocol letter to the solicitors acting for the estate?

In terms of proving your descent, it MAY be possible to do this through a paternal relative of your father's. You say there are no other relations - so did he not have brothers who had children? If not, you may need to go back a generation - not sure how reliable this is, but an expert DNA agency will be able to tell you which relatives may be able to assist.

Is your mother still alive?