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Can we dispute a will made by Great Grandfather over 60 years ago?

(14 Posts)
Mumofthree2016 Tue 22-Mar-16 20:28:21

Hi, My Grandfather who was 97 (almost 98) died today and his Father made a will over 60 years ago which affects my Grandfathers estate. My Grandfather's Father had a will but 6 months before he died while he was on his death bed my Great Grandfathers grandchildren (my Grandfather's Brothers children) made him go to the solicitors and change his will to say that after my Great Grandfather (my Grandfather's Father) died my Grandfather owned and could farm the land until his death BUT after my Grandfather died the estate would go to my Grandfather's brother's children. Would we be able to dispute this will as it was made over 60 years ago and under suspicious circumstances and laws have changed since then as It was done well over 60 years ago (I can get a copy of the will and dates etc.) I look forward to your response.

Owllady Tue 22-Mar-16 20:32:39

I'd ask mn to take your name off the OP
I don't know the answer to your question. It seems unfair that your family hAve ran the farm for decades and now you have no share or say at all. Is it likely you mum's cousins will be spiteful? They may not be

Owllady Tue 22-Mar-16 20:33:13

I'm sorry about your grandad too sad flowers

PetraDelphiki Tue 22-Mar-16 20:41:17

If your grandfather owned the land then it doesn't matter what his fathers will said. You can't make a will that says what happens after your beneficiaries die. So I can't make a will that says "all my stuff goes to dh and when he dies it goes to the cats home" once it's gone to him it's his to leave as he wishes. So as long as title passed to your gf then it's his to leave how he wants!

See a lawyer though!

Collaborate Wed 23-Mar-16 06:17:53

Sounds like your gf had a life interest in the farm. That is perfectly legal.
You're well out of time for challenging a will of a person who presumably died decades ago. Not a chance.

QuiteLikely5 Wed 23-Mar-16 06:24:12

I'm certain that you can make a will like the one described above.

I'm sure if your grandfather wanted to challenge it he could have but decided he was happy for the farm to revert back to the brothers ownership upon his death

PetraDelphiki Wed 23-Mar-16 06:52:18

Life interest is different to ownership!

Ememem84 Wed 23-Mar-16 06:54:51

Sound like a life interest to me. I'd see a solicitor but think that unless title deed actually passed to your grandfather there's nothing that can be done.

I work in trust and we see this all the time. But property is always held by trustees.

Get some legal advice.

FishWithABicycle Wed 23-Mar-16 06:59:02

Whose name is on the title deeds? If all was done properly 60 years ago it will be your great-uncle's name and your grandfather never owned the property so there is no chance.

However if your grandfather's name is on the deeds and his own will is leaving the farm to his brother's children because his father wished this, then you might be able to challenge. See a lawyer but court cases like this have a habit of being so expensive the entire value of the disputed estate goes on legal fees so noone wins.

VulcanWoman Wed 23-Mar-16 07:06:36

Yes, best to change username too.

Mumblechum1 Wed 23-Mar-16 09:42:34

As pp's have said, it sounds as though the great grandfather made a life interest in possession trust. The grandfather was the life tenant, and never owned the farm so couldn't dispose of it in his will.

Agricultural assets are sometimes dealt with in a different way from other assets though, so without seeing the actual will it's difficult to give a definitive answer.

redhat Wed 23-Mar-16 09:47:36

He never owned the land. he had a lifetime interest which meant he could live there but would never be the legal owner and it would revert back to the legal owner upon his death. He ought to have challenged it (he had the ability as the child) if he thought there was something suspicious about it. He clearly can't now since he's no longer here.

Duckdeamon Wed 23-Mar-16 09:52:34

You need legal advice but to a layperson with no legal knowledge it doesn't seem likely it could now be challenged: preumably your GF was not the owner of the property, was aware of the terms of the will and didn't challenge them during his lifetime after GGF's death.

If the GF didn't inform his descendents of said terms and encouraged them to build a life around the property they would not inherit or have legal security to remain on after his death that was wrong of him IMO.

redhat Wed 23-Mar-16 09:55:51

Was the grandfather aware of his father's second will or has this document suddenly been produced?

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