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Will matter

(6 Posts)
JustOneMoreGlass Sun 26-May-13 10:51:14

Hey all posting on behalf of my friend and she needs some advice smile. Her dad recently passed away due to a serious illness . Was very fast from diagnosis to him dying. He had always told her and her db that they would be looked after financially after his death. A week before he passed his wife( their sm) suggested he changed his will and leave everything to her because she couldn't deal with all the hassle with paperwork after his death. She is making no effort to communicate with df and her db and cutting them out. My friend doesn't want to rock the boat but feels let down by the whole thing. Is it worth her and her db contesting the will? Or should they leave things how they are now? TIA

OldLadyKnowsNothing Sun 26-May-13 19:34:49

Ooh, ouch, that must hurt. Sadly, it's only worth disputing the will if your friend or her db were financially dependent on their dad at the time of his death. If not, sm just scored the lot.

ValentineWiggins Sun 26-May-13 19:40:43

Or if he was coerced into changing it - which sounds a plausible argument. Or not of sound mind ...again could be argued. Certainly if he only changed it because the sm told him to they could have a go at fighting it...

OldLadyKnowsNothing Sun 26-May-13 20:16:50

The problem would be proving coertion. And if there's nothing in his medical notes that suggest he wasn't in sound mind, you couldn't prove that either.

There's also the question of costs. These cases can cost thousands of pounds, is the estate big enough to be worth the family rows and the cost?

JustOneMoreGlass Sun 26-May-13 20:33:24

Thank you, no he wasn't supporting them financially. Think my df and her db just feel left out really (from this and many other things). He had spoke to them a week prior to his death and apologised stating he couldn't handle the pressure and leave his wife to deal with everything. He was heavily medicated by this time, morphine being the main medicine (not sure if this makes a difference) I don't think my df will go as far as contesting the will as she likes to keep the peace and hopes she can have some kind of relationship with her younger sister and brother. But certainly wants to see about her options as her sm is making this difficult. Sad all round really hmm

ValentineWiggins Mon 27-May-13 18:10:18

I think being heavily medicated on an opiate might lead to a chance of arguing capacity...you need to talk to a lawyer!

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