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Wills, secrecy and being left out

(9 Posts)

MNHQ have commented on this thread.

winterisnigh Thu 02-Nov-17 13:22:39

If someone has left a will, leaving out a child they were estranged from, adult child, a non dependent child can that child contest the will, and would it even get to a stage where they can ie court.

The will was made by solicitors, capacity is not in question at all, and other gifts were made. ie the person knew what they doing, is there a level of doubt that needs to be met before these things can go to court or can anyone contest a will?

winterisnigh Thu 02-Nov-17 13:23:16

I meant to add the adult was not told about the death due to estrangement and previous bad behaviour at family funerals.

LornaMumsnet (MNHQ) Thu 02-Nov-17 13:36:12

We're sending this over to legal matters at the OP's request.

flowers

MyKingdomForBrie Thu 02-Nov-17 13:38:21

They can try and contest it on the grounds that reasonable provision should have been made for them, but if they were totally non dependent and are self sufficient then they have little to no chance of getting anywhere.

winterisnigh Thu 02-Nov-17 13:50:41

they were the main beneficiary ( only beneficiary) of the other parents will and in the will made by the surviving parent there are several notes about worries the adult child would contest the will. It also says " they were not dependent on me"

I just wonder if before it went to court - a solicitor would say it cant go as there are no grounds to contest it? Or can it go anyway?

I have no idea about these things but I assume there has to be reasonable grounds to contest it first? If this is the case would there be anything else left to do?

MyKingdomForBrie Thu 02-Nov-17 13:52:44

Anyone can put in a court case, solicitors can advise that it’s hopeless but solicitors cannot stop a case being taken.

The judge would hopefully throw it out sharpish.

winterisnigh Thu 02-Nov-17 13:57:16

Ok thats what I wanted to know, thank you . ( are you legal!)

MyKingdomForBrie Thu 02-Nov-17 14:06:41

A lawyer yes but not a probate lawyer!

winterisnigh Thu 02-Nov-17 14:07:55

thank you.

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