How ugly is contesting a will?

[inheritance987]

I'm the main beneficiary of my great-aunts estate including her house.

The rest of the family has kicked off - some demanding that I split it, some threatening to contest the will out of spite (if we can't have it you can't either). Someone has been in contact that they're using a 'no win no fee' solicitors therefore they've got nothing to loose.

The will was drawn up by solicitors and there's no reason why the actual will would not be valid.

I will do so proper research into probate as I have no idea what will happen with someone contesting the will and how long this is going to drag on for. While i've been left the house I haven't really been left any money (that's gone to the others) therefore I don't have any money for solicitors but as i've been looking after my Aunt for the last couple of years in her house I'd quite like to be able to live here in peace. I mean am I able to live here if it's been contested?

Hi OP,

There are a few categories of people who are able to apply to be considered a beneficiary of the deceased:
-You are the spouse/civil partner of the deceased or an ex-spouse/civil partner who has not remarried;
-You are financially dependant on the deceased;
-You are a 'child' of the family;

The fact that the Will was drawn up by a solicitor is also in your favour, as they should have an attendance note fully explaining why your great-aunt chose you as the main beneficiary.

The court will have to approve any application to contest against the Will, and if there isn't enough evidence then they are unlikely to even entertain the idea of your relatives contesting.

Whether contesting a will is right or wrong is a matter of personal ethics. My default is that it's the deceased's estate and they should be as free to do with it as they like in death as they were in life. I consider people who bicker and fight over wills to be somewhere between dung beetles and vultures. I'd make exceptions for limited cases e.g. where perhaps a dependent of the deceased was not being adequately provided for or there is a suspicion of foul play (fraud, coercion etc). Ultimately though, the courts will decide and the laws of inheritance will be applied.

Op try posting this in the legal forum I know they have answered this sort of stuff before (or report it and ask it to be moved to legal)

My mum contested my dad's will after he left his share of the marital home (tenants in common rather than joint), to his mistress of 6 months and tried to leave his pension to her as well. Parents were married when he died, they had been married for 34 years and she was completely financially reliant on him as she was a SAHM throughout their marriage.

The process went on for 2 years, cost mum around £30k in solicitors fees and whilst she got the pension, she lost the house.

It's a long, stressful, expensive process. Unless they have a legitimate claim rather than it just being out of spite, I'd be surprised if they get anywhere.

Lawyers won't take on a case without a retainer unless they believe there is a reasonable chance of success, so don't assume the "no fee" approach is a win for whoever plans on doing that.

I would assume the ground to challenge would be undue influence, or lack of capacity of your great aunt. If you didn't know of the gift, the first won't fly, and capacity is usually tested by the solicitor when a will is signed.

Estate litigation is usually like divorces, as much emotion is involved. Probate the estate, and just wait, but research good estate litigators in your area.

I think you should try get this post moved to legal. They will have better advice.

My advice is to get your application for a Grant of Probate in ASAP before they get a chance to lodge a caveat, also ask the solicitor who wrote the Will for a copy of the meeting notes, these should show that they explained the contents of the will to her and they were satisfied she had capacity to agree to it, if you do hear from your families solicitors then you can send a copy of the notes over straight away.

I’d imagine that if they haven’t got a good claim then no win no fee solicitors probably won’t help them because there is little chance of them making any money out of it.

A no win no fee solicitor will not take this on unless there is a very good chance of their clients winning. It just wouldn't be in their interest to do so. Tell them to go ahead and sue and see how far they go. The fact that it was drawn up by a solicitor and is not home made will work in your favour.