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.

Also why would her bio father provide for her? He must not care that much for her if he let another man adopt her.

That's a pretty unpleasant thing to say, isn't it?

She has a relationship with her bio father now. Why would he not leave her a bequest? There's nothing to stop him. He has no more or less reason to leave her money than your mum did to you.
But one thing is for sure - her father isn't going to leave me and my brother any money, so she gets two chances, we only get one.

He didn't "let another man adopt her". He was only nineteen when she was born. It's a very complex situation.

I thought if you win then costs come out of the estate?

No, why would they? You bring the case, you are liable for the costs
What if there isn't enough in the estate?

@28Ilovechinese yes one of my relatives did this - you can spend it on whatever you like but normally has people that sign the cheques off - but this can be your spouse or trusted friend doesn't have to be a solicitor (I am one of the trustees format relative & just do the cheques whenever he needs. Look up metro bank I'm sure it's them.

just wondering why it matters in that case the claimant was an only child?

It's a material difference in the cases.

The OP also stated that her child's name was spelt wrong in the will, which means their name was in the will, which shows the testatrix did consider the child when the will was made......which means it was deliberate.

And this.is why you spend it before you go!

@Chocolate50
The only regulations I can find about setting up a trust when on benefits applies to money received from a personal injury settlement, not an inheritance. The access to the money from such a trust is also extremely limited and complicated.
www.lawgazette.co.uk/news/avoiding-the-benefits-trap-the-award-of-settlement-money-in-personal-injury-cases-may-mean-loss-of-your-clients-entitlement-to-benefits-/19830.article

@28Ilovechinese actually you might want to check this out with a financial advisor as my relative is disabled and that probably makes a difference. A good financial advisor will advise on the best way to help. I really hope that you sort this horrible situation out

@58Soontobe60 you are partially correct see my last post but as I'm someone who has been appointed to sign off finances for my relative I can reassure that it's really not complicated or particularly limited to access or benefit from. This has all been overseen by a solicitor.

@Chocolate50
It is very complicated and restrictive if you are in receipt of means tested benefits. The law is the law. Whether you've chosen not to comply with the law or not is your business, but advising someone else that 'oh it's easy, the trustee will just write you cheques for whatever you want' is dangerous advice.

What evidence has been gathered since the caveat was issued.?

@Ilovechinese I think you're mad.
My DM changes her will regularly. Also regularly gifts large sums of money to my DBs. Gifts DSis and I a tiny fraction, but expects her DDs to adopt a traditional caring role. I've had counselling to come to terms with it all.
I expect nothing in her final will.
It is legal. She is confused about some things, but perfectly clear, and consistent about her favourites.

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

This right here is why you should not get your legal advice from the internet. Someone has an 'understanding' and knows a couple of words, but has no real idea of the nuances.

OP, talk to your solicitor, listen to your solicitor, bear in mind that the solicitor is going to get paid regardless, also bear in mind that you don't have to have a "high chance" of winning for a solicitor to be willing to take you on. You need "a chance". As someone mentioned up thread, find out how much you may already be on the hook for because of the caveat.

As you are hellbent on doing this, you might want to consider starting to save hard so that you can be ready for a possible costs order to avoid bankruptcy. What is your plan if you do get cleaned out, made bankrupt and then can't rent somewhere? You have kids, you need to think long term.

There is no guarantee even if you 'win' (and that word carries all kinds of varied meanings in the legal context) that you will get your costs out of the estate.

I think you mentioned upthread that the estate was worth under 600k? I have recently sat in a court room, where the combined costs of all of the barristers and instructing solicitors were in excess of 500k. It is unlikely you will get to those kind of numbers (this was a much bigger estate), but not impossible if the other side hires 'the best' and you lose and they are awarded costs on an indemnity basis. You also need to be aware that fights over costs can drag on and generate more costs.

Even be careful if you get a solicitor on a 'no win, no fee' basis. Barristers are rarely willing to work on this basis and it usually excludes disbursements etc.

OP, I have some experience of a will being challenged. Dh's grandma left all of her estate to DH and his sister and nothing to her other two grandchildren who were very upset and got a solicitor involved with the intention of challenging the will.
It came to nothing for several reasons:
Grandma's solicitor was a solicitor very experienced in writing wills for elderly people. He did work for Age Concern. He had carried out his own assessment of her capacity to make the decisions.
He had ensured the will was properly made and witnessed.
Neither DH nor his sister were aware of the bequest.
The witnesses to the will were unconnected to the will- not executors or beneficiaries.
She had stated in the will her reason for making the decision she made.

We were quite shaken when DH's cousins wrote to say they were considering a challenge. By then probate had been granted and the estate distributed. However, the solicitor was absolutely clear they did not have a leg to stand on. Their view was they were as entitled as DH and his sister as grandchildren. The solicitor's view was she had expressed her wishes very clearly with reasons and she could leave her estate as she wished.

The solicitor wrote a very to the point response - I think it was 6 bullet points- and that was the end of it. Presumably, their solicitor told them they had no chance of winning.

I could add they never visited her and rang once a year but that was not the point. The point was the will was properly made, the solicitor was confident of her capacity, the witnesses were not beneficiaries nor executors nor related to them so could not be said to have exerted influence. There had been an earlier mirror will made with her husband but after he died ( a number of years before) her life changed and she changed her mind. She was a bit forgetful at times, did take medication but it didn't matter because the solicitor took the appropriate safeguarding steps at the time.

Just be careful with whatever decision you make OP that it does not cause you more heartache and money.

the witnesses were not beneficiaries nor executors nor related to them

Re beneficiaries, this is true of any will, no matter who is in it who is out. The beneficiary cannot be a witness or the will is void. End of story.

You only witness the signature, by the way, you have no right or need to read the content. So you just use a neighbour or a work colleague usually. I signed one for a neighbour a month or so ago.

@21Soontobe60 I never actually said what you quoted though did I?
I said that a solicitor had set this up & advised so don't jump to conclusions about what the money can or can't be spent on.

@21Soontobe60 your link is from information from 1995 it's very outdated. You're searching the internet trying to outwit & disprove people's comments on here. That's fine but make it relevant

@44Summery1 that's a bit shitty how sad for you. You've done the right thing in getting on with your life

28Ilovechinese yes one of my relatives did this - you can spend it on whatever you like but normally has people that sign the cheques off - but this can be your spouse or trusted friend doesn't have to be a solicitor (I am one of the trustees format relative & just do the cheques whenever he needs. Look up metro bank I'm sure it's them.

This is what you said. I paraphrased it. oh it's easy, the trustee will just write you cheques for whatever you want' is dangerous advice.

Looks pretty much the same to me
You- 'you can spend it on whatever you like'
Me-'trustees will just write you cheques for whatever you want'.

You're misleading the OP.

@VanGoghsDog I'm sorry I didn't mean that to sound nasty I just thought usually someone has to give up all their rights to let someone else adopt their child and I thought only people would do that if they didn't ever intend on having a relationship with said child. I'm sorry.

My solicitor said if I win then costs can come out of the estate but if I lose I will probably have to pay them so was just going on that and what others have said on here.

@44VanGoghsDog I still don't get it, if there was an only child how is that relevant? This was highlighted in the example posted but OP's siblings were named in the will so unless the will maker had said why she either left her out or only gave her a small portion of the estate I would've thought the OP should question it as it seems unreasonable. I know not very much about wills & an thinking now I must remember to give it all away before I go!

Surely, by "come out of the estate" means they'd be covered by your portion of any inheritance?

Chocolate people are sometimes advised to leave a small legacy to someone they fear might challenge a will, to make it clear that it's deliberate and not an oversight.

I get working tax credits as work part time

Having savings/capital won't affect your tax credits. If/when you move to Universal Credit it will be a different story though.

Benefits will be reduced if you have £6k-£16k and stop altogether if you have more than £16k.

@Chocolate50

21Soontobe60 your link is from information from 1995 it's very outdated. You're searching the internet trying to outwit & disprove people's comments on here. That's fine but make it relevant

Is this more relevant then?
direct2compensation.co.uk/help-articles/will-compensation-settlement-affect-benefits-claim
www.todayswillsandprobate.co.uk/main-news/benefit-cheat-hides-inheritance-continue-claiming-state-handouts/
www.moneyadviceservice.org.uk/en/articles/how-do-savings-and-lump-sum-pay-outs-affect-benefits
www.bromleys.co.uk/inheriting-money-whilst-on-benefits/

Lots of recent links. I'm not out to discredit anyone. Just trying to ensure the OP doesn't get stitched up and lose out if she is actually in benefits by giving her factual information, not anecdotal tales.

@17Soontobe60 your data is from 1995!!

Surely, by "come out of the estate" means they'd be covered by your portion of any inheritance?

Exactly.

I still don't get it, if there was an only child how is that relevant?

I am just pointing out fundamental differences in the cases.

OP's siblings were named in the will so unless the will maker had said why she either left her out or only gave her a small portion of the estate I would've thought the OP should question it as it seems unreasonable.

Unreasonable is totally irrelevant. My parents are unreasonable every single bloody day. Their will is, in my view, unreasonable, but it's 100% their choice.

My dad was, in my view, unreasonable when my nan died, but it was 100% his choice. (When she died, because his brother had died years before, the whole estate went to my dad. I had suggested to him that he vary the will to pass half to my cousins which they would have had if their father had not died (well, they wouldn't because he would have drunk it, but anyway...), or if my nan's will had the more usual clause of bequests moving down the line if someone has died. But he didn't. He gave me £50k, he gave my sister £5k, he gave my cousin's "a small amount", don't know how much. And presumably gave my brother more than I got as he's their favourite (I was my nan's favourite). I think it was unreasonable and not what my nan would have intended. She clearly never considered one of her offspring would die before her and, in my view, she was probably not properly advised. And my dad had the chance to rectify that but as it was, he got double what he really ought to have done.)