Advice on inheritance disputes

[Ilovechinese]

Hi I'm just wondering if anyone on here has been to court to contest a will and if so how long did it take to get to court and what the process is. I'm going through this at the minute (well not got to court yet) but have a caveat in place to stop probate.

It will depend on the unique circumstances of the case. There's not really a single answer to your question unfortunately; it will take as long as it takes.

Getting a will changed is like getting a rapist into prison - even if it gets to court, you won't win. Only about 10 per cent of claims succeed, and it's hideously expensive. What's the issue?

Are you in Scotland or England?

Google testamentary freedom.

In Scotland you cannot disinherit your children and they are entitled to a specified % share of your estate. In England you can disinherit but you can challenge and there’s no specified amount you are entitled to. Up to the judge I presume.

@alifelived I live in England. @lockheart what if the person was on strong drugs for being terminally I'll at the time of the will being made?

@Ilovechinese there's really not a set template. There are far too many variables involved. It could be a very quick process or it could drag out. There really isn't an answer for how long it will take.

@Lockhart I know that no two cases are the same but I just wondered if anyone on here had been through it to give me an idea of what it was like

Anyone??

Being 'on strong drugs' doesn't necessarily mean you lack capacity. Lots of terminally ill people are on strong drugs and perfectly able to write wills.

You would need more than that.

It’s expensive and generally you won’t win. My parents tried to overturn a will (with good cause) I think they were about £30k down in legals fees before they realised they were never going to win, and even if they did the legal fees would wipe out the inheritance. Unless it’s a lot of money at stake, I really wouldn’t bother.

OP - was the will made by a professional solicitor (who should've assessed capacity at the time) or done informally at home by the now deceased?

Google Jarndyce & Jarndyce :)

Such as? I think it is also undue influence but I know that will be harder to prove

It's not just about the money though it's the principle of it. Whose that @furiouscheekyfucker? Will have a look

@dinosauraddict it was done by a solicitor but the person who made the will wasn't the one who called them to come out which is also another reason I believe it is undue influence and there was no capacity assessment done.

Tbh I dont really care if legal costs devour the whole estate. I would rather than thsn the deceitful lying manipulative greedy bastards get everything. Which will happen if I don't fight it at all.

I've never experienced it, no one in my family ever left enough for people to fight over which might be a good thing. I used to work with someone who fought for years to overturn a will, it ended up with him in debt, the inheritance all going to solicitors and at least one party suffering severe depression. By the end they really wished they had walked away.

I'm sure it doesn't always go that way but it was a disaster.

Can take a few years. It will cost a lot. Have a friend who has been through similar and it cost over 25k and was unsuccessful. You need a good solicitor and to keep an eye on things and know when any proposed settlement is actually worth taking. Too easy to ‘fight all the way’ and lose all.
Good luck op.

It's very hard to prove because you'll have to prove the solicitor who drew up the will did so knowing the person wasn't of sound mind. If you have lots of money to burn then go for it. Otherwise I'd walk away. It will completely consume you financially and emotionally. It won't just be the estate that loses the money but you're going to need to find the solicitor out of your own pocket.

As soon as you say ‘it’s the principle of the thing’ you are in danger - if that is (understandably maybe) your impetus you’ve probably already lost - you’re unlikely to listen to advice etc. Try really hard to think more about what if anything you can establish. If you can’t establish it then you need to find acceptance rather than fight and lose everything plus more if costs are awarded against you. Careful op !
Get good advice and listen to it. Take unconnected friend if possible who isn’t emotionally involved to help you hear stuff.

You may be happy to waste the inheritance on legal fees, but what if you lose and still have to pay fees for both sides?

DM died in the Summer. Despite being on strong pain killing drugs for cancer she was assessed as having capacity within days of her death for her to sign a power of attorney for us (we didn't get time to enact it.) I know each case is different but up until 24 hours before DM died I'd say she was perfectly lucid. I think you'll have an uphill battle unless you have professionals that will say they lacked capacity.

Would you consider mediation?
There was a Radio 4 drama last week (2:15-3pm) on precisely this topic. (Man had died leaving money to carer rather than his 2 children. Not a case of undue influence though.)

I don't know how I will find it but I can pay it in installments. I shouldn't even be in this position and it is terribly upsetting at an already very emotional time to have been betrayed so badly. My solicitor will tell me if U have a good chance or not before we go to court and if not she says U can still fight it under reasonable grounds if financial provision.

Also meant to send you support op. I’ve recently lost both parents and if you are dealing with this grievance on top of grieving itself than that’s really tough. Hope it goes ok.

@heronlanyon thank you, I've lost both my parents too and I know if the parent who done this died first I wouldn't be in this position as my other parent definitely would have never done this!