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Contesting a will

(1 Post)
maitaimojito Tue 01-Dec-15 20:46:28

DMIL probably doesn't have many more months to live and we have a feeling that her will may have been recently altered to leave DH out.

DFIL died 6 years ago and DB has a brother and a sister. He hasn't had a lot to do with his siblings since he moved out to go to university, and didn't have the closest of relationships with DMIL for around 10 years due to us living a 5 hour drive away. We moved house closer to his DMIL about 2 years ago after she suffered a heart attack, and DH has visited her once or twice a week since then on his way home from work. She has always said that she was pleased that she was seeing more of him and they have had a good relationship.

DMIL also suffers from episodes of confusion although has had an Alzheimer's test and we are told that she does not have it. DH's brother argues that DH had only moved back and began visiting frequently due to wanting money from the will - he was actually very upset when she suffered the heart attack and I think it made him feel like he needed to spend time with his mum before it is too late.

DBIL made a comment last week which seemed to imply that DH may no longer be included in the will. His siblings are the executors and he does not want to make any further enquiries for fear of reinforcing his brother's opinion that he is after her money. His siblings have also told him that they have been given POA which makes us think they may have altered the will at the same time. DMIL is easily influenced by DH's brother, and when confused would happily agree to anything asked of her.

DH is not bothered by the money and says he will not fight over his parents' money, but he has also said that he does not want his siblings to have his share as a matter of principle if his mother did intend for him to have a share. He says he would rather it go to charity than be split between them.

Does anyone have any idea on success rates for contesting a will, and what the procedure is? I presume the decision would partly rest upon whether DMIL is deemed to have had capacity to make the decision at the point the will was changed.

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