Character Assassination by parents - will of another person involved.

[LostYears]

Difficult to know where to begin but my parents are essentially character assassinating me in order to disprove my creditability as I am challenging the proportions of a will in which they promised me a larger proportion and upon which many plans were made.

I was alone with my mother on holiday before this occurred and I asked her a question about the will and thought it odd when she did not reply and had left the door wide open - she had gone down to the hotel reception and asked for a doctor to be called! In her dressing gown.
The doctor who called the room (she had returned by this time) witnessed my father ranting at my mother and swearing and she was screaming at him to shut up. I had to apologise to the doctor and say that there had been a family disagreement! But I was so hurt that a disagreement was used to great effect by her to what feels like being framed.

I walked down to reception afterwards to speak to the reception staff myself - can you imagine how I felt? She then proceeded to list all my failings in front of the receptionist. That was the beginning of her slandering me to who ever would listen. She had paid for the holiday and I had paid alternate nights for meals. Although I was grateful, there was no prior agreement that it in exchange for her paying, I would allow her to misrepresent me to everyone who would listen.

A matter of months before we had paid for a very expensive wedding celebration for them. We have done a great deal for them.

Many of her characteristics match narcissistic personality disorder in that her public persona is very different from her private one and she can be very malicious. For example when I was pregnant she visited me at home and said that I would not inherit anything from them, I miscarried a few weeks later in the second trimester and she did bother to visit me.

When we returned from this holiday, I was upset and did shout at them. This was then used as a reason for them not communicating further with us about the will proportions.

They are now only communicating with us (they say) through a solicitor!
We do not know what has been said, so that we can have a right of reply. We do not know who else she has spoken to - she could have easily attempted to speak to police, doctors and made false allegations.
It is all very hurtful - she has always made malicious comments and it is now progressing.

How best to proceed with this? They have enduring power of attorney for the person who died who had no children. They amended a previous will. They are awarding themselves a little under 70%. We were very involved with this relative too and attended funding assessments regarding their situation on many occasions.

We are struggling with payments (some of which are connected with her going back on another agreement that she did not keep her side of the promise about) I have recently been told that I have a matter of months left to conceive and I am trying to remain focused on staying calm but it is so difficult and I am so hurt by her unwarranted actions.

[mumblechum1]

I don't really understand this. Whose will are we talking about? Is the testator dead, and if so, in the absence of a deed of variation, whatever they set out in their will should be what happened.

Are you saying that a relative died, left money to your parents, and your parents promised to give you some of their inheritance and then changed their minds?

I am happy to give you some advice on wills and challenging their validity but need to have a clearer picture of the situation (I don't need to know the ins and outs of your relationship with them, just the facts around the will, who made it, when they died, what was in the will, and why anyone may be challenging it.).

[LostYears]

Thank you for your response mumblechum1, I will give you some further information privately and try to clarify the situation

[Methe]

You're going to need to post a but more information.

Who's will is it?

[mumblechum1]

I've just responded to your PM, setting out the basic law so far as contesting a will is concerned and offering some advice. You really should see a solicitor specialising in contested probate if you wish to bring a claim though I suspect it is too late for that now.

[LostYears]

What is defined as too late, as a matter of interest? Nothing has been distributed yet and we have still not been shown the will in its entirety despite asking the executors and/or their solicitors to do so. It has been weeks now.

[mumblechum1]

Oh, I thought it had been rumbling on for a long time. I've responded again to your second PM, but if you decide to contest you'd have to do it very quickly before probate is granted. You'll need to speak to a specialist lawyer to contest the probate.

[LostYears]

Does anyone have experience of specialist lawyers dealing with probate who have won a contested case based on mental incapacity?

How do we find out when probate will be granted when the executors are deliberately withholding information about the specific date? If the death occurred a couple of months ago, should it not be near to being granted?

[mumblechum1]

Whereabouts in the country are you? I may be able to point you in the right direction.

[poshfrock]

I am a probate lawyer and my department specialises in contentious probate. PM me if you want contact details. You have 6 months from the date of the grant of probate to bring a claim against the estate. This can be extended by 2 months in certain circumstances.
If the person who died had made assurances to you on which you relied and you acted to your detriment based on those assurances then you may have a claim under the doctrine of proprietary estoppel. We would need more information.
The grant of probate is a public document. You can get a copy from the Probate registry for £6 together with a copy of the will.

If you are not sure whether the grant has been issued you can request a standing search

www.justice.gov.uk/courts/probate/standing-searches

If you know it has been issued then you can request a copy on form PA1S
www.justice.gov.uk/courts/probate/copies-of-grants-wills

PM me if you want any more help.

[LostYears]

I've pm'd you poshfrock.