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.

@heronLanyon no nost people are being kind and giving me their opinions and advice a quite a few have offered sympathy but there are a few unkind posts insinuating I am greedy and entitled (,I think that award goes to my brother whi was clearly planning this all and must have been so happy when my father died first) yes I know by the law it was hers upon his death which is why I am having to legally fight it. It was hers but it was not their legal right to coerce a frail terminally Ill drugged up suffering old lady on her death bed into making a will to leave the estate to them and I have a large v nugus report plus medical notes as evidence so hopefully the court will see the will is not worth the paper its write on with all its lies and mistakes in it.

Op - did your DM leave anything to you and your other sibling?

@Ilovechinese

I’ve been in a similar situation - but against step parent, my parent had early on set dementia & barely made a score in the capacity test when half a business, a house in UK, and a house in Europe was signed over to step parent. The will was ‘lost’. A proper stitch up job. The injustice burns.

To put it in to perspective- it took 6 years to go to court. My sibling had legal aid but I had to contribute £1k a month due to earnings. It got to the stage when judge questioned why legal aid when there was £££ in the estate- so estate was divided so we could pursue claim & each side kept their costs. The step parent’s costs were £150k.

You need to do the maths & see whether it is worth pursuing. It’s the emotional toll too - for 6 years we were in limbo. Someone once said to me ‘if your parent was so great, why didn’t they leave things properly’ ouch. But true.

Check your household insurance - you may have legal cover.

You can’t really say it’s what your dad wanted, your dad could have made a will to protect you if this was true.

You’re making quite an accusation against people, if you’re so right in your head- why on earth have you posted here?
You don’t want to hear the other side of it at all.

@Dontdisturbmenow for the last time I am not greedy. How is it greedy to want an equal amount for all of us? Greedy is the person who wants the whole lot for themselves.
I never let my Mum down as I've already said I use to visit her all the time and ring her every day. My brother was barely ever around and tra they looked after her in the last 2 months which 2 months work is nothing to get a payout if a while estate is it. If my mum didn't own a home I doubt they would have been offering to look after her then and would have soon put her in a home.

If anything my mother let us down by not being the loving mother she should have been. I couldn't move in with her as I have children to look after and I know she would have bot wanted me to move in as she always got angry and fed up uf I was around with my children. She never liked chikdren much anyway and she definitely wouldn't want children around constantly when she was I'll in pain and dying and it wouldn't be fair on them either so please dont try to say I let her down. I only ever loved her and wished we had a nice living mother and daughter relationship that itgers have. I didn't mention making a will to her but my brother obviously did so I dont think I influenced her decision at all.

Sorry about all the typos

It’s greedy to want an equal amount for all of you because that clearly wasn’t either of your parents wishes.

You’re taking an entitlement over money that was never yours.

@Tokenismjest oh can you get legal aid for will disputes? I thought you couldn't get legal aid in these cases?

OP you are getting upset at being thought of as greedy on here. I am trying to point out that if this upsets you here can you imagine how you might feel when this happens in RL. You will have to argue your case in legal documents and if you do find the money to continue perhaps in court.

I am trying to say are you emotionally up to this. Would you be best getting some grief counselling first to make sure that not only are you emotionally prepared but you are also not being clouded in your judgement through grief.

@Jellybeansincognito can you read? I have already stated many times IT WAS MY FATHERS WISHES!!

Echoing what others have said, you have to step back and take the emotion out of it. The law isn’t interested in whether something is fair, only if something is legal. If you are alleging illegality you have to have proof that will stand up in court.

To paraphrase it doesn’t matter what you believe it only matters what you can prove

@WobblyAllOver of coarse I am emotional, U have lost both parents at quite a young age and then having to deal with all this on top and have basically lost an older sibling too when you would think losing parents should bring you together to help each other get through the grief not only be out for what they can get. If I was just greedy I wouldn't be emotional would I.

I can read enough to see that you completely lack respect for your mum because she hasn’t left you any money and how sad that your love for her was based on this.

I can also see that your fathers so called wishes were never put into a will so mean absolutely nothing too.

There’s no need to be so rude- Christ.
Money really does bring the worst out of people doesn’t it.

By the way op.
My parents were both gone by the time I was 28.
My dad had no will, his wife has everything.

Would I ever fight this or be emotional about it?
No! And do you know why?

It was his money, he worked hard for it. Nothing he ever paid for was mine.
I’m not entitled to it.

It doesn’t even bother me at this point.

Oh, and it’s still quite raw as wasn’t even 3 months ago.

@Jellybeansincognito its certainly brought out the worst in them yes. And you was being rude first to say it wasnt either of my parents wishes when U have stated many times it was their wishes when they made a JOINT will. So it was 100% my fathers wishes and it was my mothers wishes until she went there which leads me to believe she either changed her mind only weeks before her death or (more likely) was put under undue influence

For example you say it was your fathers wish you should get some of the money and I don’t disbelieve you but need to prove it so what proof do you have? Is it written down anywhere? Did he say it in the presence of independent witnesses?

That’s the sort of evidence you need to produce

U=I

@kit19 yes I have the proof. I have the joint will that was made.

that doesn’t make any sense OP.

If a will was made by your father that stated every child gets an equal share, a further will wouldn’t be valid to take that away, because you can’t give what’s already been given.

Why have you made this thread and 12 pages in produce the most relevant piece of information there is here?

Somehow I don’t believe that’s the case.

I’ve lost both parents fairly young and it hurts. I thought I’d coped well but in reality I didn’t really and thankfully my husband and friends kept an eye on me.
Mum was on strong drugs (and couldn’t speak properly) and knew she only had a few days left yet she was asking us to make changes to her will - we couldn’t get it sorted legally as there wasn’t time but there was no doubt that she meant what she said. It was bequests to my aunt, and many of her closest friends and some charity requests. We asked the executor to honour that and as we all agreed he was happy to do so - so we agreed to a deed of variation.

From one of your posts, it sounded like you’d been offered some money to release the caveat. I would take some time and then go to mediation and negotiate. No it won’t be the same amount but this can all be put to bed and you can get on with grieving. (I would have thought your brother would negotiate in order to get probate and not have this drag on for years.) If there is a glaring omission in the will e.g. different dates, witness could never have been there then things might be different, but still consider the affect on you emotionally.

Do you want this to dominate years of your life? It will and it will stop you grieving properly. We only get one life and you have children and they will pick up if you are emotionally tied up with this. Several years is a large chunk of their childhood. Personally I would go to mediation, negotiate hard and then walk away and start to work through your grief with help from a therapist if you need to.

Often people say, everything to my spouse but if they pre-decease me then everything equally between the children.

Is that what happened here?

Mirror wills (you can't have joint ones) saying that, which the surviving spouse has then changed her mind on?

It would only have 'already been given' if it was something like 'lifetime interest to my surviving spouse but on their death equally between the children', which is subtly different.

she either changed her mind only weeks before her death or (more likely) was put under undue influence

The first part about changing her mind is perfectly legal. I have changed my mind lots and often update my will as I experience life and people. If I died the next day after the will was legal then it stands.

The second is going to be very hard to prove. I suspect though that you don't really understand the costs that this will take and won't be able to proceed much when your money runs out. I do think you need to consider counselling for any of those possible outcomes as this will hurt you.

Op - that joint will has been superseded by events and later wills. Decisions made can and do change. My mum who died recently made a will many years ago. Around 4 years ago she made a wholly different will - properly witnessed and in sound mind etc. That was her will. Her decision. Her wishes. As executor I (and probate solicitor) followed her will. Anything else would have been illegal. We could have sought a deed of variation if all beneficiaries agreed. We didn’t even consider this. We followed my mums will.

Decisions change. It’s an uphill struggle to prove that they shouldn’t have or were influenced rendering the subsequent will invalid.

Not sure how recent your mums death is but I’d strongly advise you give yourself some breathing space (if any court time limits allow) before making any decisions at all. You need to put everything in dispassionate scales. At the moment it reads as if your scales are loaded with hurt and anger and lashing out. None of which allow a true weigh in.

Good luck.

@Jellybeansincognito of course she can make a further will as has been stated the house was jointly owned so went to her after my father had died. If she had died first or they both died st the same time the first will would have stood.