Contesting Aging and Loss

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There are normally strict time limits by which you can challenge the will using the Inheritance Provision for Family and Dependants Act. I believe that you may be able to challenge it if you believe duress was used or if he was not of sound mind at the time.

However, demonstrating this took place can be difficult. If you believe there is a substantial sum of money at stake, I would talk to a solicitor who specialises in contentious probate disputes about wills , but if you decide to challenge the will I have to warn you that it can be costly and time consuming — assuming that you have the legal right to challenge it at all. My fathers second wife does two years ago. They had a mutual will.

The will is split three ways between myself and my brother and one step sister. Since my step mother passed away we have found that she was embezzling money from my dad and she was a fraudster. Her family were involved. They have had a lot of money over the years. My dad wants to cut the step daughter out of the will and only wished for his natural sons to receive his estate.

How can he do this? Hi Grahamh, Thanks for your question. That must be very upsetting for all of you. Your father is free to make another will. It would be useful for him to record why he is changing it. This information is for guidance onl. My mums brother died of a brain tumour several years back. My parents nursed him at home so he did not have to die in a hospice. He wrote out a will leaving everything to my mother, but his wife tore it up. Shortly after he died my parents sold a car he left them as they had no where to keep it.

The aunt totally turned on them and asked them not to come around anymore. At that time my cousin and his girlfriend moved in with her.

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Since he was there she had no further need of my parents. Anyway to try and shorten this, she died a couple of weeks ago and my parents get the impression that someone who used to work for them is in charge of her estate. They could not get an answer from this woman as to what is going on with my uncles estate. My cousin appears to have come into some money though. She did apparently leave a will, infact there were two, my parents were named in the first but towards the end she obviously wrote them out.

We assume that as she inherited her husbands estate that t. My father died without getting his will signed. Is there anyway we can find out what was wrote in the will. Hi Joyce, Thanks for your question. Once probate has been granted, anyone can see a copy of the will. The Gov. Hi Tracey, Thanks for your question and apologies for the fact that the word count in the comments box meant the question was cut off. I think I can gather enough from your question.

I would suggest that you make an appointment with a solicitor who specialises in contentious probate disputes over wills. If you want to challenge the will, it can be a very costly process — both financially and emotionally. Hi thanks for your reply and link. My late husbands will was read few months back. He left mentioned and gave all but one of his landed property to his children and left the last landed property off the will. His first wife is divorced and the second wife is late. I have been his only wife for over twenty years now.

What are my chances of contesting his will. Jeez I hate money and the trouble it causes! Sorry not to be more help. Hi Penny, Thanks for your question. Challenging a will is rarely easy. It can be financially and emotionally costly. Hi Looptotheloo, Thanks for your question and comment, which I agree with!

Normally, any money in a joint account passes to the other person named on the account, whether or not there is a will and no matter what is in the will. It would help if there was any evidence that he intended that the money passed to your husband, but that may not be available…. Thanks for the reply Sarah as we so cannot afford legal advice!

Also can they actually take us to court over this and is it going to cost us? My mother died in December and my father passed away in January this year. We have made repeated requests to our brother and sister, but to no avail. I set up an EPA several years ago. I am now changing my will. Can the new will be challenged on the grounds that it was made after the EPA. This seems to apply particularly where a sole account was converted to a joint one.

Sorry not to have better news for you.. Hi An, Sorry to hear about the situation you find yourself in. Once probate has been granted, a will becomes a public document and anyone can see it. You can do this at the Probate Registry. If you want to take things further in terms of legal action, it sounds like you have no other option but to talk to a solicitor who specialises in contentious probate. Be aware that if you decide to challenge the will, it could be quite a costly exercise.

Hi Mark, Thanks for your question. Family members may be able to challenge a will under the Inheritance Provision for Family and Dependants Act. However, this can be an expensive process. Talk to a solicitor who specialises in this area. Hi Sharon, Thanks for your question. My nan has just died. My dad died 6 yrs as ago. The beneficiary solely is my uncle.

Can my brother and I contest the will to claim our dads share? Did your nan ever talk about changing her will after your dad died or that she wanted you to benefit from her will? I would say that challenging a will is often costly financially and emotionally so think seriously before you start any legal action.

My daughter is 15 her grandmother passed away a few weeks ago, according to my understanding my daughter inherited the grannys property, but her uncle is living in the house, but the uncle refuses to give me a copy of the will, how do i go about getting a copy of the will? Talk to a solicitor who can tell you whether you have the basis for a claim. But be aware that if you do, it could be costly as well as being emotionally difficult for all parties.

Hi Angelface, Thanks for your question. Your best route may be to talk to a solicitor specialising in wills and trusts to see how you can take things further. Hello Sarah. My name is Victor, I was led to your site looking for advocates for a mentally vulnerable women being relieved of her financial security. She did this via a lawyer in private consultation and di. I am her husband and have been with her for the last 16 years, within which time she was compensated and received this money and then donated it secretly away without my nor any family or support persons awareness.

We are still married and together to this day. She was not even capable to discuss the issue of this money however now after several years of therapy I believe she is now able address it, with appropriate assistance. If I am remotely getting close to someone who can point me in the right direction at the very least just that in itself would be really helpful. Hi, My grand parents gave their house my my Unkle and his wife, until such time of their death. It was agreed that upon this time the house would be sold to make provision for the 7 grandchildren.

My Unkle died a couple of years ago and now his wife they have no children has left the house to her sisters children. My uncles will has vanished! Hello a very good friend if mine who is 17 sadly lost her father 2 weeks ago … Now as it is. Her father left everything to his wife my step mum …. Am aware I can make a claim on the will as I was just mentioned in the will as a beneficiary if both my father and step mother died … That being the case if I make a claim what is the procedure and do I make it now before grant if probate applied for or after grant received?

Thank u for yr time. Hi Victor, Thanks for your comment and apologies for the delay in responding. However, I will ask some contacts and see if I can come up with any suggestions. Dear Em, I was so so sorry to read your post. It really shocked me. Hi Estonia12, Thanks for your comment and question on behalf of your friend. You may well have a basis for challenging the will, but this kind of legal action can be costly and it is likely to be quite tough emotionally. Contact a solicitor who specialises in challenging wills or talk to Citizens Advice.

I have lived with my partner for 4 years, I have children all now adult, that still live at home. Other half has one child, teenager who does not live with us, but stays regularly and holidays with us. He pays maintenance to his ex wife. House was mine before we met, and mortgage is in my name only. If we marry does he have rights to everything, or can I leave house and percentage of cash to my children.

He is fifteen years younger than me, and I am worried my children will lose their inheritance that I have worked hard for. We live in Scotland. Hi , my dad has just passed away and left no will there is 5 children he had with my mum and he was married again for 10 years roughly.

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I just wanted to know what happens with his belongings bank accounts etc they owned their house but not sure if his name was on it. Also his wife wanted to sell his car. Just wanted to know if she is allowed to do so with no will being made and not going through his children first.

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Now my step son has filed for executor of my estate. I did not read it in the paper and he has now successfully become executor. I am contesting his position, as I am of sound mind and do not want him handling my affairs. Please advise. Hi Wondering Thanks for your question.

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  • Hi Loopster28 Thanks for your question. Hi Scotlass, Thanks for your question. Have you discussed this with him? One way round it — as suggested to me by a solicitor — is to leave him a certain amount in your will but say that he will lose that if he challenges the will.

    My two sons are worried about their inheritance as their father has begun a relationship with a 50 year old Ukrainian he is 73 The lady had lived with him for 2 years. Would they still inherit the house approx. The contents of his will are not known to the boys. Can the lady claim and still live in the house under such circumstances? That would mean that she could in theory at least be awarded some of his assets.

    However, it is very unlikely she would receive his home. Even if your ex husband drew up a will and left the property to your sons, his partner could still challenge the will. From the minute it took effect she closed dad down! After this she started giving him a allowance and removed all other monies. When I arranged to visit dad she took him out, meaning I had travelled 60 miles for nothing! Dad has now lost capacity, unfortunately, dad is now in a care home.

    She is now clearing his house and selling all dad and mums belongings! I am not allowed to ask about this or anything else. She is refusing my calls. My concerns are that she and her husband have an IVA and will soon not have any where to live, likely to have there home repocessed? Not to mention her mental health iss. For the last 6 months of her life she was in a care home as a result of a stroke. Since her death he has not made contact and the rest of the family are curious as to what became of her not inconsiderable current and deposit accounts.

    He seems to simply have taken everything. During a clear up of her belongings we came across a hand written will. It is 10 years old and not witnessed but it is clear that she wanted her money to be divided equally between all her surviving nephews and nieces. What can we do? Hi Molly, Thanks for your question and sorry for the delay in replying. I would suggest that you get in touch with the Office of Public Guardian and the charity called Action on Elder Abuse. If what you say is correct, your sister is not carrying out her duties properly.

    If what you say is true, it sounds like your father could be suffering financial abuse. Hi Heidi, Thanks for your question and sorry about the delay in replying. I am not quite sure what to suggest. Unfortunately, in England and Wales there is no requirement to register a will on a central database.

    You could try and ask her solicitor if you know who he or she is if she had a will. I am looking after my mother, but she will soon need to go into a care home. Hi Cheerfulchappy, Thanks for your question. Only money and property that your mother owns will be assessed. Our widowed, childless brother left his estate to charity but left us siblings nothing. Can we challenge the will on the grounds he forgot us? He was 88 years old, but of fairly sound mind. Hi can anyone help please? My mum has left a large estate entirely to her husband of 10 years.

    I am a single mother in rented accommodation. My brother is baffled awell. Is she allowed to leave everything to this man? Hi Fairy, Thanks for your question. To an extent, your mum is free to leave whatever she wants to her husband. Some people do things without realising — or thinking through — the consequences for others.

    Good luck. My father made no provision for his wife in his will married for 10 years. What percentage could she claim under the provision for dependence act and does she have to stay in the house eve. If it is in his name and she has made no contribution to its purchase or running costs. My brother died 2 years ago and excluded me in his will. He left everything to our cousin and his tenant. Hi Michael, Thanks for your question. The threshold for being of sound mind in order to write a will is lower than it is for some areas of mental capacity. The only way I think you could challenge the will is if you were dependent on him financially while he was alive and had an expectation this would continue after his death.

    My personal view is that if you believe it was his will to leave the money to charity, why would you want to go against his wishes? Hi Jane, Thanks for your question. As a general rule, in England or Wales, someone can leave their money to who they wish. However, there are some exceptions which is why dependent children, husbands, wives and partners can claim.

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    Hi Jake, Thanks for your question. As a general rule, she would probably be able to claim the equivalent amount that she would be entitled to if she and your late father had got divorced. I leave in Scotland and all Wills were made in Scotland. I have two minor children with a man who is married, to someone else, and he has other children of the marriage.

    If he does not provide for my children in his will, I understand we can only contest if thy are, or have been, financially dependent on him. He gives me a small amount each month, buys them clothes, takes us out etc, but I am their main provider by far. Does financially dependent mean wholly or substantially, or would any contribution count? Hi my Mum and Dad died 4 years ago and since then my Mums mum my nan has been cared for by her son my uncle.

    My Mum and Dad spent all their lives caring and being with my nan and built up various businesses with my nan and grandad. My uncle was never involved although asked many times over the years. He lived away. He has since made her sign a will to this effect although nan was apprehensive. I visit as often as I can. Can we contest the will and ask that mums share go to me and my brother as nan would have wanted.

    Pls advise. Can my husbands ex contest his will for maintenance even though he has left his children inheritance? Hi Lisa, Thanks for your question and sorry for the delay in replying. Hi Snoopy, Thanks for your question and sorry for the delay in responding. Hi Maddy, Thanks for your question and apologies for the delay in responding. A number of factors would be taken into account and the judge would look at whether the current will is unreasonable and, if so, what would be reasonable. Hi Charlie74, Thanks for your question and sorry for the delay in responding.

    There are a couple of issues here, such as whether your nan has the mental capacity to draw up a new will and secondly whether she has been put under undue pressure to do so. Did your nan draw up a will before your uncle asked her to sign the will leaving everything to him? It would be useful if she has done so because you would need some evidence that she planned to leave her possessions and money to you. Depending on the basis on which you challenge the will, you may only have six months from when probate is granted.

    He left half his house to his three children — the other half was owned by his wife newish wife , who was also given life rent of the house. But in practicality how will this happen? If she leaves her half of the house to her adult child can he still continue to live there thus cheating my husband out of his inheritance? The wife has refused contact with my husband and his siblings.

    Any advice gratefully appreciated. My step father died in leaving his estate to my Mum and wrote a specific paragraph in his will that his two daughters should not benefit due to a lack of relationship for the last 25 years. As far as i am aware there was no discussion of his will between them and my mum at that time. I live in NZ. Now my mum has recently passed away and i am trying to sort out her estate and apply for grant of responsibility.

    My step sisters have been incredibly helpful but as soon as i start mentioning getting the house valued they email me with a very unpleasant email saying they are disappointed that i have not contacted them regarding their father and my mothers estate which they believed would be split between the three of us. My stepfathers estate passed to my my mum and stated in her will from her to me. She was adamant about this up unto her death. My step sisters are in their fifties and benefitted from the sale of my stepfathers house in about when he moved in with my mum.

    Hi Cloud, Thanks for your question. Do you know who the executor nominates are? It might be worth a quick phone call to the solicitors who drew this will up to explain the situation and see what, if anything, they suggest. I will update this section if I find out anything helpful. Hi Wellyk9, Thanks for your question.

    Unfortunately, the word count on the comments box cut off your question. Could you finish the question in another comments box? Could you also tell me where the will was drawn up? Hi, my mum passed away 4 years ago. My dad met another women just over 3 years ago. Shortly after he made a will leaving his house and any money to myself and my 4 brothers. If my dad was to pass away could she contest his will? Hi Chris, Thanks for your question. There are two thoughts that spring to mind. If you want to try and show he was coerced, you may face a costly — and emotionally draining — legal action.

    Talk to a solicitor if you want to take this further. Most solicitors I know advise against challenging a will even where much bigger amounts are involv. Hi Shan, Thanks for your question. Firstly, might she have a case? Basically if she lives with your father for two years before his death, she can bring a claim. If you think she could take that approach, it may be an issue. Your father could write a new will to say that he specifically does not leave anything to his partner or whatever he would like to leave her — or he could leave her something but say she would los.

    I estranged myself from my father following events that resulted in my then partner almost dying and my brother being sent to prison. I have recently found out that my father died in I contacted the woman who I thought to be his partner, who now claims to have been his carer and nothing more. She told me that he died of a massive coronary and that my brother died of cancer 3 years later. I got a copy of my brothers death certificate, but there seemed to be no record of my father. I feel so distraught and just want to no what happened to my Dad. If a married couple make different wills and die together how is it decided which will takes effect.

    My mother has left me her house and contents and I have three siblings so she has left four of us a share of money in bank as I have lived in the house all my life and now look after her can they contest this. I can understand that it must be hard for you not to know when your father died even though you had fallen out and to find out that your brother has died as well. I would have thought that the British Embassy in Spain or British consular offices would be a good place to start. Hi CabbyAnny, If a couple makes different wills and then they both die together, anything they own in their own name rather than jointly will be distributed as it says in their individual will.

    If they own property jointly but as tenants in common, the same applies. Hi Mrs Wood, I think the answer would depend on how your mother drew up her will. Hi Caza, Thanks for your question. My mother wrote her will about 15 years ago and was of sound mind witnedesed by a few people she and solicitor say as I have live here all my life paid money towards household and this is my home she wants me to have the house and contents and has savings which will be shared out with my siblings as they have not stayed in the house since 16 year old can they contest this worried about it.

    Hi James, Thanks for your comment. Do you mean the executors those sorting out the will and legal affairs or the trustees those who manage money left in trust? If you are concerned, there are steps you can take. Hi my Grandmother died three years ago. She suffered from dementia. She had an original will written with my Grandad he is alsp deceased this will included all grandchildren and children.

    A year before she died she changed her will to include just children we were unaware of thos until her house sold recently. As mentioned before she did suffer with dementia and she went with her daughter to change the will. Would there be grounds to contest the will or is it too late as they have all had the money from the house sale? Hi Betty, Thanks for your question. I would suggest that you take legal advice before you do anything as challenging a will is much harder if it happens after the estate has been distributed and not straight or soon after the death.

    I have not had a relationship with my father since he left. Are myself and my sister his only children entitled to anything when he dies? Hi Lou, Thanks for your question. Your father can leave his money to whoever he wants. However, his wife or dependent children would be able to challenge the will so that financial provision is made for them. My mother died. My father later married again. She already had two children but no children by my father.

    She has died. Dad is in a home and likely to die soon. Dad was easily bullied and would acquiesce to keep the peace. How do we stand? Hi Megan, Thanks for your question. If you want to go down this route, you could apply for a caveat to stop probate from taking place. I would recommend that you talk to a solicitor who specialises in contentious probate and find out what they say. My wife grandfather recently passed away. She was one of two grandchildren. For some reason the grandad decided for no reason to stop talking to my wife about a year ago and has left entire estate to other grandchild.

    He had been sick with heart trouble for some time and seems he became angry and took it out on wife. The other grandchild has no intention of sharing even though they were best friends and was wifes bridesmaid etc. Do you think we have any grounds to contest? Hi Durdur, Thanks for your question. The rules, assuming the the person who was due to inherit was not financially dependent on the one who died, are complicated.

    These cases can be emotionally draining and costly. My mother made false allegations against me, in my mothers solicitors letter it also states that I am beneficiary to her will, am I entitled to request a copy of the will? Hi Sarah Thank you for replying its much appreciated. I think the not very logical reasons are that her father and granddad had a bit of a falling out and he has cut out my wife to get at her dad. Roughly how much is costly?

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    Are we talking hundreds or thousands. I am led to believe the estate is around quarter million. Hi i got married and lved with my husband for 2 years, his house is in his name, he has made a will before i met him that his only son recieves everthing, i work and put into the house, would i end up on the st? Would i have no claim in anything? My mum was living with a man who had been her partner for some years, but then they started living separately him in one room her in another.

    She travelled often for work and left him to look after the house, although she paid all the bills for the house. Now that she has died she left a will stating me as sole beneficiary but he is claiming he was a dependant and is contesting the will. He says he paid all bills and work within her flat. He also claims he paid for all the goods in her flat. The man has been unemployed and claiming benefits for over 30 years while mum worked full time earning a good wage.

    We have her will and paperwork stating she was single and had no dependants, but can he still get a share of her flat which was solely owned in her name? Hi Margo, Thanks for your question. Hi honey, Thanks for your question. Hi Holly, Thanks for your question.

    The fact that they were not living together at partners when she died may be significant. He was a very wealthy chartered quantity surveyor. He left a clause in the will that if this lady should ever sell the house or become deceased,whichever is first,then the proceeds would be split between her 2 children and my niece and nephew by my sister who i no longer have any contact with. Hi Chris, Thank you for your question. That must have been incredibly tough for you and the rest of the family at the time.

    Hi Leftout, Thanks for your question. But I would suggest you talk to a solicitor who specialises in wills and contentious probate disputes about wills to get some advice about your situation. Hi Lisa, Thanks for your question. The answer depends on several factors. My grandmother died 3years ago and left her house to her three sins, just as the money came through my father died..

    Hi Rachael, Thanks for your question. Obviously, if he had a will everything should be divided according to the will. Not all wills contain this clause. My Dad died nearly 4yrs ago in Ireland , he is british, he left now will and the house was in his sole name, my brother and I were asked to sign docs so everything could be put in step mums name as in irsih law a third goes into the siblings name if no will left.

    My brother and half sister are trying to contest my fathers will, he left his eastate to my step brother and myself who have looked after him between us years. They have not seen my dad in over 20 years , can they do this even though it was against my dads wishes? I would suggest you talk to a lawyer who specialises in this area if you want to try and take legal action.

    Hi Mm, Thanks for your question. I have a really difficult situation. In May , my mum died extremely suddenly. There was no warning, she was only 55 it was a massive stroke and completely unexpected. At this point my nan was in a home and she was dying. At the point of my mums death my uncle stopped visiting us and basically cut contact with us. My nan died 4 months after my mum. Ojha did a Bachelor Preparatory Programme BPP in and took admission in the degree course, but did not continue her studies. In her interactions with the media, Ojha has been stressing on development as the main theme of her campaign.

    The dark horse in the race is an independent candidate Upamanyu Hazarika, a Supreme Court lawyer who heads the Prabajan Virodhi Manch that fights for the rights of the indigenous people of Assam. Hazarika has been demanding laws to reserve land rights and provide government jobs in Assam to children of pre residents only. He has also called for a re-verification of the National Register of Citizens NRC to prevent illegal migrants from becoming Indian citizens. Hazarika came into prominence when he was appointed by the Supreme Court last May to head a one-man fact-finding commission on the status of illegal migrants from Bangladesh into Assam.

    Src: Hazarika commission submits report to SC. Dr Kirit P Solanki, MP of Ahmedabad West since , has a very impressive record of attendance and participation in debates, He introduced 37 private member bills, which is the second highest by any MP in the 16th Lok Sabha. In the Our work is to empower citizens, made possible by your donation. Click to Donate. About Chandrani Sinha 1 Article. A will procured by fraud is one that the testator is tricked into signing. For example, the testator might be presented with a document and told that it's a deed or a power of attorney.

    The will is therefore procured by fraud. This tends to go hand-in-hand with testamentary capacity because most people would review the document, at least to some extent, before signing. But fraud is nonetheless a separate ground for a contest. The problem with proving that a will was procured by fraud is that the testator can't be questioned about what he thought he was signing, and this is where state laws come into to play.

    The witnesses must be asked what they thought the testator was signing. The will might be declared invalid if the testimony of the witnesses doesn't add up, but more likely because it wasn't signed properly, not necessarily because it was procured by fraud. The Balance uses cookies to provide you with a great user experience.

    By using The Balance, you accept our. Estate Planning Essential Documents.