Can you just ignore a will?

[Willadvice2021]

Help me understand this situation.

Adam, his brother and their cousin. Will call them Adam , Ben and Craig for the use of this situation.

Adam, Ben and Craig both live near their dad/uncle, like two/three streets away. Ben has always had an on/off relationship with his parents. Mostly off. Declaring them all dead to him fairly regularly over the years. Ben hates Craig, no real reason, I think he dislikes the fact Craig is so involved and included like another son.. Craig’s parents died many years ago.

A few years ago Ben had a bust up with everyone over Craig being there. He hit his mother causing her a split lip and brushing (she was very elderly) and a few days later when Adam tried to speak with him he pushed him and he fell and injured his head and shoulder against the wall. Ben said everyone was dead to him and walked out. Within days their mum had died, Ben was reached out to invited to the funeral but refused to attend or correspond with anyone. When Adam reached out he sent him a message, Ben replied he wanted no contact from the family and that was that. Ben has never been close with his father and made no attempt to contact him for several years.

Ben was in ill health before this happened and Adam and Craig were having to go in several times to a day to help him with self care, shopping, washing etc. After the death of their mother the situation meant that the care was significantly increased, Adam had to take early retirement and Craig reduced his hours to be able to help. Both were called all day and night and back. Adam in particular struggled a lot with the amount of burden and is having counselling. It was very difficult

At some point a few years back their dad rewrote his will with a solicitor. He was of sound mind right in until the end but his health was very poor. He decided to include Craig into the will and gave him and Ben both 25% and the remaining 50% to Adam. He wanted to write Ben out completely but Adam said he shouldn’t do that.

Their dad died. Ben was informed but again didn’t attend the funeral or make any attempt to contact. It has been years since he saw his dad.

Now Ben is contesting the will and asking Adam to take Craig out and just split it 50/50 between them. He has made several other additional requests for specific high value items. I’m surprised this is even the option. He says he has sought legal advice but I can’t understand how the can decide to ignore/bypass the will?

Added: There isn’t much to inherit, no money and house is worth probably 100,000.

What a horrible man Ben is.

Yes, I agree, we all always make excuses and just thought of him as fiery but he's shown his true colours the past few years, this being the cherry on the cake.

Hindsight is a great thing and everyone should have said no to him a long time ago. Plus sought to do something when he hit his mother.

He won't get what he wants from this. Craig isn't being written out. It's don't and I can't see the courts over turning it. I think he wanted Adam to side with him against Craig and I genuinely think he blocks out all his abhorrent behaviours. It's funny how he can remember conversions he had as a child about items in the house but can't remember the fact he assaulted his mother and brother a few years back.

He actually wrote a new list of things he wants, saying he was promised all these items, many of which were sold or given away years ago (but he didn't know as he's not been around).

We all thought the dad was mad when he had all the locks changed as he was worried what Ben would do but so glad he did now.

How awful for you all, money really brings out the worst in some people

Yeah it's been a nightmare and still is on going. They must have spent £5k in legal fees now now. Plus Craig's solicitor.

Ben is well and truly trying everything and any angle he can. He's made himself a bit of a laughing stock in the local community, people talk, they all think he's nuts. He very much keeps to himself so not sure how much he knows or cares but even so, people now know as people talk and all the neighbours are furious.

I've seen some of the evidence, it's looks pretty water tight to me, the dad was assessed as he was depressed after the death of his wife, he has talked about killing himself, so social worker sent cps who went out to him. He said, he wouldn't really kill himself as his wife wouldn't be happy and cos did a full assessment. Said he was really good, no concerns, no cognitive concerns or issues etc.there is written records of family problems with the one son and only lists Adam as the son. Said the depression seemed a normal reaction given the length of time they were married etc.

I don't think there is a snowballs chance of Ben hell of winning, but that doesn't mean Ben won't drain the estate in legal fees.

Lots of people willing to make statements regarding the dads mental state, and his vocal decision when writing the will.

@WillAdvice2021

Ben put the caveat (think that's the right term) in place and so he needs to remove it, he says he will keep extending it indefinitely.

Costs will come from estate I believe, so while Ben gets less, so will everyone else. Plus Adam is having to pay out of his pocket for the house upkeep and solicitor in the meantime. He already had to retire early to look after his Dad so was surviving on savings, so that's stressful for him.

Adam offered to double what Ben is given in the will from his own pocket so that he can carry on, even though it leaves him a lot worse off. But Ben rejected that as he wants Craig out of the will too.

Seems Ben is just doing what always has, makes us all wonder how miserable his wife must be, surely she can see what is happening and he must treat her that way too.

I thought to renew a caveat you need to go to court and prove you have a valid reason to do so. The initial caveat is so anyone contesting the will has time to gather information before probate is complete. Have I read this incorrectly?

We are going thorough the start of this process with my sil contesting being written out. I will probably be in here once the fun starts under a different name. I say once the fun starts, there is already so much of that happening between my dh and the joint executor before the probate application has even been submitted

@longtompot not fully sure, we were told he can just redo it.I hope that's not the case. Feel free to PM if you like and want to talk. Some of my details are changed.

They have one sent the medical notes over to Ben on his solicitors request, so will see what they do from now out.