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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Advice on inheritance disputes

999 replies

Ilovechinese · 20/01/2020 14:02

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.

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Ilovechinese · 25/01/2020 22:59

@chocolate50 that is sad but at least it seems your children will get something then. I wouldn't mind if I got barely anything but knew my children would have some money when they are older. I think it hurts more because they have been left nothing and they are completely innocent children and haven't been given a thought and my father loved his grandchildren so much. Though like I said I do think she was manipulated into this

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Chocolate50 · 25/01/2020 23:01

@55Soontobe60 I don't know if you're talking about the information that I copied & pasted but here is the link to the case - I didn't leave things out to suit just copied & pasted - www.daslaw.co.uk/blog/cutting-someone-out-of-your-will

florascotia2 · 25/01/2020 23:01

Chocolate
Have a look at the website linked to below. I quote a key passage from its summary of that court case's meaning. I have underlined the most important bit:

"the judgment does serve to reinforce the position as it had been understood prior to Ilott v Mitson: adult children who are living independently of their parents will have an uphill struggle to persuade the Court that a wish on the part of their parents to disinherit them in favour of others (even charities) should be overridden."

www.forsters.co.uk/news/opinions/ilott-v-blue-cross-and-others-in-the-supreme-court

florascotia2 · 25/01/2020 23:04

Sorry - cross-posted with barbarella and others.

cabbageking · 25/01/2020 23:06

There is more to the case and in the end the judge decided the lady had lost more in lost benefits over the time than she received by the award.

She got £143k to purchase house and £20K to enable her to continue to receive benefits. So she gained zero.

Ilovechinese · 25/01/2020 23:08

People told me you have to drive you were dependant in your parents to receive anything under the inheritance act but heather ilott was estranged from her mother yet won her case

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thethoughtfox · 25/01/2020 23:08

It may hurt but: it's not your money. You are not 'owed' this.

cabbageking · 25/01/2020 23:09

Recap please.

You are not sure you have been left out of the will?
You have been paid something but not enough?
You have paid a solicitor something?

VanGoghsDog · 25/01/2020 23:10

@Chocolate50

There are key differences in that case - 1) they were estranged and the mother said it was the daughter who made this happen which was untrue, 2) the claimant was an only child, 3) the mother left all the money to charity, in the OPs case it has been left the the mother's other offspring and, crucially, the OP also got a bequest, 4) the claimant had a need to rely on the money, we do not know the OPs financial circumstances and whether this applies, the claimant in that case had five kids and lived on benefits and a small income from her husband. And despite all this, she still only gut just over 10% of the whole estate. OP here has already had 5%.
The claimant was awarded £50k - how much do you think legal fees were for three court cases?

OP - my sister is not my dad's daughter, just my mum's, though he did adopt her. I think he feels that her own father (though legally he is not her father since my dad adopted her) should provide for her, and he probably will to some extent, also that my sister has made poor financial decisions whereas I have always been financially aware, and have bailed her out a few times.
But my mum was always very resistant to writing a will, my dad says he had to practically force her to. So when they did them, she just went along with what he said.

I do wonder if she just preferred to die intestate knowing that at least that way a proportion (if dad was still alive, all if he died first) would go to all three kids, I don't know. It's hard to ask her about this stuff. I did say to her a couple of years ago that when he dies I'll take her to the solicitor to write whatever will she wants but I am worried she's starting to go a bit doolally so she may not be able to.
Plus she's dopey about my brother so she'd probably end up leaving it all to him!

I can make redress by gifting my sister a share of my money, or doing a deed of variation for my inheritance to give her a third of mine. If my brother did the sane we'd all be equal. He won't though.

Mind you, my dad is very sick at the moment and I am here helping them for the second weekend in a row and there's no sign of my sister coming to see them, and she never came to my nan's funeral, so I do wonder if my dad has a point!

Ilovechinese · 25/01/2020 23:11

@cabbageking was she on benefits? If so how did she afford legal fees and are you allowed 20k whilst on benefits?

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VanGoghsDog · 25/01/2020 23:12

yet won her case

She got £50k out of an estate worth nearly half a million. It went through three levels of court all the way to the supreme court. There were some very specific circumstances.

How much do you reckon her costs were?

However much, it's a pretty hollow victory.

Chocolate50 · 25/01/2020 23:13

@59Ilovechinese maybe but maybe not. She might be planning to give it all to the local cat charity!
I am more than upset about the no discussion it's just very sad that no one is having open discussions about things that will effect us all in the future.
My mother in law challenged her mother's will and received half of it - all settled out of court I think. They'd been estranged for years too but they'd patched things up near the end of her life. I feel like a lot of these cases rest on people being reasonable & holding your nerve...

VanGoghsDog · 25/01/2020 23:15

I was of the understanding that this is 'caselaw' & therefore enshrines the current position.

It's just not that simple, every case turns on its own facts. There are precedent cases, but most rulings I have read quote several, not just one.

If it was simple, we wouldn't need judges.

Soontobe60 · 25/01/2020 23:16

@Chocolate50

My post was in reply to the OPs post with this link
elselaw.co.uk/important-update-upholding-disputing-will/

cabbageking · 25/01/2020 23:17

How did you receive some funds from the estate whilst entering a caveat?

Ilovechinese · 25/01/2020 23:20

@VanGoghsDog your mother sounds like nine a bit she was dopey about my brother and I think trusted him a lot (clearly mistakenly) and did show a bit of favouritism though gid only knows why as he barely ever came to see her or phoned her. Also why would her bio father provide for her? He must not care that much for her if he let another man adopt her. Your brother also sounds greedy like mine.

I'm not sure if it is 5% I'm not very good at working out percentages it could be less

OP posts:
beverlymarsh · 25/01/2020 23:20

That’s a good point @cabbageking , I thought the purpose of the caveat was to prevent the grant of probate and accordingly prevent the administration of the estate’s assets.

Ilovechinese · 25/01/2020 23:21

@cabbageking I haven't recieved anything yet and wint be able to until after but if I am unsuccessful I wint receive anything as the small amount will pay for court cost and only a small part

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Ilovechinese · 25/01/2020 23:22

Wont*

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Chocolate50 · 25/01/2020 23:22

@10VanGoghsDog just wondering why it matters in that case the claimant was an only child? If she'd had siblings and they'd been left part of the will & she hadn't wouldn't that be more unfair?
I thought as well that OP has said she's a single parent who doesn't have much money earlier in the thread which is why I thought this case relevant.
It all seems to be a bit of a minefield!

Soontobe60 · 25/01/2020 23:23

@Ilovechinese
Are you on benefits? If so, any savings you have over £16k wil mean you do not qualify for means tested benefits so if youve received similar amounts you need to declare it.
Failure to do so can lead to imprisonment.

Ilovechinese · 25/01/2020 23:24

@VanGoghsDog yes true when you put it like that, although I thought if you win then costs come out of the estate?

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Chocolate50 · 25/01/2020 23:26

@23Soontobe60 OP could open a trust fund where solicitors set it up avoiding this risk entirely. This would be completely lawful.

Ilovechinese · 25/01/2020 23:27

@Soontobe60 I haven't recieved anything yet and the amount I am set to get is nowhere near that and I get working tax credits as work part time

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Ilovechinese · 25/01/2020 23:28

@chocolate50 really can you do that?

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