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Anyone done it? Bit of background without going into too many details. A member of the family has recently passed away and it has become clear that in what can only be described as vindictiveness has bequeathed the entire estate to a virtual stranger (also the executor of the will) out of the family. That is her wish so nothing the family can do there. However she married into the family and the family member she married had made it clear that his estate should go to his children after both of them had gone but his wife was able to use the estate (house etc) until her death. Now this family member died more than ten years ago and it has become clear that his will had been changed before his death by his wife when he was not mentally sound (he was on a lot of medication before his death and was often muddled). The question is how difficult would it be to prove he was in no fit state to have changed his will after such a long time has passed?
Wrong forum mate.
That said, trying to prove he was not mentally able to make a will would be extremely difficult I would think.
Sorry about posting in the wrong forum. Thought I had put it in chat. Any chance the mods can move it? 😳
You need proper legal advice. Most solicitors offer a free initial half hour.
Iirc there was a high profile case on the subject last year, so things may have changed on the back of it.
Over a decade ago?
You'd need medical evidence, not to mention evidence that she'd influenced him etc.
Speak to a lawyer but my memory is these are the most difficult of cases even with recent evidence.
SO's mum and siblings went through something similar.
I think they gave up in the end, legal costs v potential benefits. Speak to a lawyer but honestly i wouldn't expect a happy outcome.
[quote=Roter Stern ]the family member she married had made it clear that his estate should go to his children after both of them had gone but his wife was able to use the estate (house etc) until her death.It may be different in England but I'm pretty sure that a Will is only an expression of the wishes of the deceased - it does not have to be followed to the letter. I'd have thought that, unless some "Trust" mechanism had been put in place on the death of the first person then all bets were off anyway.
You better have deep pockets. Some solicitor will get rich off this.
In Scots Law, spouses and offspring have legal rights and cannot be disinherited.
In England, and beyond those legal rights in Scotland, the general principle is that you can leave your worldly belongings to whoever the hell you like (cats home included).
Dependents may have a claim, but they would have to show that they were financially dependent on the deceased.
In law, vindictiveness is a perfectly acceptable reason to leave your estate to some random person in the phone book provided that you were compos mentis at the time you made the will.
Doctors should have records of the medication at the time (but bear in mind that someone who "comes and goes" can make a valid will during their good spots). The solicitor who drew up the will should also have records, if a solicitor was used. You also have the two witnesses.
It is much less about the time that has passed than it is about the records that exist. Generally, there is a presumption that the deceased knew what they were doing. If you have no or little evidence to the contrary then you will lose.
Your best bet may be to use a solicitor to fire a shot across the bows of the other beneficiary. Settling quickly is not a bad option for either party if you are committed to action.
A colleague's wife's family had a similar issue and contested the head of the family's will. They ended up with basically, nothing. The solicitors apparently ended up with vintage sports cars, speedboats, holiday homes in fashionable Italian resorts and new model trophy wives. Apparently it 'was' a lot of money, but after a decade of fighting there was nothing left.
Apparently it 'was' a lot of money, but after a decade of fighting there was nothing left.
That may be the OP's intention. (I make no judgement on this course of action).
As far as I am aware the amount is relatively small the main part being the house so I don't think it would be worth protracted fighting through courts. But for the children concerned it's the feeling of helplessness and not being able to find out exactly what is going on.
However she married into the family and the family member she married had made it clear that his estate should go to his children after both of them had gone but his wife was able to use the estate (house etc) until her death.
Unfortunately he didn't make it clear at all, as the will clearly states.
Unfortunately he didn't make it clear at all, as the will clearly states.
No there was a will written before which he had told the childten about the contents (I'm not sure if he actually showed it them). This will was changed a few weeks prior to his death by his wife and a solicitor which he signed.
Edit: The children have resigned themselves that they have been done over but I was just wondering about how difficult it would be to contest.
which he signed.
As others have said, it's incredibly hard to contest a will espically one made 10 years ago.
Especially if the person who made the will died 10 years ago.
No there was a will written before which he had told the childten about the contents (I'm not sure if he actually showed it them). This will was changed a few weeks prior to his death by his wife and a solicitor which he signed.
So why didn't they do something about it then? His doctor may have been able to testify he was off his box on drugs, or whatever.
Having left it this long, I'd say tough titty!
So why didn't they do something about it then?
Because no one had realised the will had been changed until now.
If it was changed just a few weeks before he died and you have a previous will then its worth contesting I would have thought but don't waste too much time money and energy on it.
Grounds are he was not of sound mind and undue influence or somethi9ng like that.
I'm going to guess that the months/weeks leading up to death are a very common time for folk to make/alter their will.
and changing a will to disinherit grown up children (who it sounds like he didn't have a good relationship with) and instead give it to someone he loves and who is financially dependent on him - that all sounds fairly reasonable.
First step would always be a Larke vs Nugus letter to the solicitor who prepared the will. That costs little and may be quite revealing. If it isn't, you are probably one a hiding to nothing (but your solicitor will get a nice sports car out of it).
"[i]...disinherit grown up children (who it sounds like he didn't have a good relationship with)[/i]"
That's not what I took from the OP's post. Rather that his widow (2nd wife maybe?) had full use of the estate until her death, whereupon it should pass to [u]his[/u] children. She (allegedly) pressured him to change his will out of vindictiveness / jealousy towards his children who had never liked her.
That's not what I took from the OP's post. Rather that his widow (2nd wife maybe?) had full use of the estate until her death, whereupon it should pass to his children. She (allegedly) pressured him to change his will out of vindictiveness / jealousy towards his children who had never liked her.
Would be the correct interpretation.
Edit: Even though said children looked after the 2nd wife and incorporated her into family activities after the father's death. But that is another story.
Motto of this story, always request to see the "actual"will that is enacted if you think you might be a beneficery of some kind. Stop being so polite and British about these things.
A colleague's wife's family had a similar issue and contested the head of the family's will. They ended up with basically, nothing. The solicitors apparently ended up with vintage sports cars, speedboats, holiday homes in fashionable Italian resorts and new model trophy wives. Apparently it 'was' a lot of money, but after a decade of fighting there was nothing left.
[url= https://en.wikipedia.org/wiki/Jarndyce_and_Jarndyce ]https://en.wikipedia.org/wiki/Jarndyce_and_Jarndyce[/url]
Difficult. Information 10 years old, what information (has to stand up in court), also if you wanted to challenge that will it should have been done 10 years ago IMO. EDiT: I believe the original will should be lodged with Probate as its been granted (ie all done and dusted in laymens terms)
Pay for an initial consultation/advice with a specialist lawyer, assume that will cost £500+ and that fighting the whole thing will cost £20k minimum.
Tough story but not uncommon sadly. Money makes people do strange things.