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How many times can challenges be brought in will cases, eg, 1st judge throws it out - is that it?

(8 Posts)
winterisnigh Fri 03-Nov-17 09:18:45

as per previous post, someone said if its really clear why someone was left out - and this was in solicitors note and in the will itself ie - i have not mentioned x they were no dependent on me, etc etc etc if they bring it to court and its thrown out - can that be appealed again?

are there any other claims or hooks anyone can use for adults who are well off and also benefited fully from other parents estate, and the willl is valid and sound and no lee way for coherent person making will etc.

prh47bridge Fri 03-Nov-17 09:39:16

If the claim is thrown out the claimant can appeal. However, unless the judge has made an error in law, any appeal will fail.

Provided the will is correctly executed, the deceased had testamentary capacity and there was no undue influence or fraud, it is very difficult to challenge a will successfully in England and Wales. Someone who is not dependant on the deceased at the time of death and is not struggling financially has no realistic chance of making a successful claim.

winterisnigh Fri 03-Nov-17 09:48:29

thanks PH I know this persons aim will be do drain me of the money I received from the will, he will I am sure be told its unlikely he will succeed but out of sheer spite he will want to make it as drawn out and painful/costly for me as he can.

prh47bridge Fri 03-Nov-17 12:57:24

If he goes to court and fails he will have to pay your costs as well as his own.

winterisnigh Fri 03-Nov-17 13:48:08

oh again thats very promising thank you and I suppose his solicitor would be telling him this!

I can finally see now - the measure in place to stop recurrent claims...and the risk the person would be making to take it to court if it wasnt strong enough. I couldnt understand what would stop the person from making repeated claims

mumblechum0 Fri 03-Nov-17 15:29:53

The court can declare him a vexatious litigant and effectively ban him from making any claims in any civil court in extreme cases.

It's more common, however for the court to state that there can be no further applications within a specified time period. I've only had experience of that happening in Children Act cases (where one parent is repeatedly dragging a case back to court without good cause).

MyBrilliantDisguise Fri 03-Nov-17 15:32:42

Is this someone who would normally inherit, like a son?

winterisnigh Fri 03-Nov-17 16:09:10

as long as he has to pay for both sides I think that would put him off. Yes a son. Long estranged from parent like over 2 decades!

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