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.

Others on here that have never been through it or know anyone that has and are not professionals in this area have clearly only commented to give their uneducated advice and saying I wont win when they haven't got a clue.

No I haven't been through this. I have however been the executor of a will and understand the legal implications of doing that correctly. I have also made many wills in the past and heard advice about ensuring anyone you want to write out of a will cannot contest it and win. Giving a token small amount rather than none is often the advice.

My questions remains from before.

What evidence has been gathered since the caveat was lodged?

Haven’t had a chance to read all of thread , but may I ask what medication she was on when the will was changed/made? As before my grandfather got very sick he made a appointment with a solicitor in order to do a will and leave everhtjing between children/grandchildren when this appointment came around he was in hospital and on different medication for that reason the solicitor would not do it as he was not ‘right of mind’ and he didn’t pass away till 2 years later . When he passed everything then passed to my grandmother she has now done one and i am the exec. I have also had situations like yours within the family and the ‘greedy’ ones actually got left with only a small % each than what they thought ‘they deserved’ as they were there ‘helping the most’ towards the end (they weren’t they only started to bother when said person had a few weeks left) go with your gut and what is right . Like you said you have nothing so what more can they take they can’t have what you haven’t got

Oh and my comment about saying I hope they are unable to have children only meant to those who thought it was okay (and not just in the legal sense) to treat their children so unfairly unless in extreme circumstances like I already said such as one was a murderer.

@Mamalifeee what drugs was your grandfather on? Yep thsts exactly like my situation, he only started "helping" out in the last two months when he would have been told she had barely any time left at all. Before that he never came to see her or help out ir even phone her.

And exactly they cant take what I haven't got so can just take small amounts every now and then and cant take too much as I have children to look after.

At the minute I dont know if she had capacity, what I di know is that she was on heavy drugs that my brothers partner lied about so am awaiting further reviews to see if she would have had capacity on those and if she had capacity (or even if she didn't)

This is wrong.

Noone can state that someone on certain drugs would not have had capacity at a point in the past.
The solicitor must have determined that she did. And they were there at the time.
It's the opinion of the solicitor you need to look into.

@VanGoghsDog but she said she will get a medical expert to review it and as @Mamalifeee said a solicitor just said they cany do the will as soon as they knew what drugs her grandfather was on and they didn't do capacity tests

they cant take what I haven't got so can just take small amounts every now and then and cant take too much as I have children to look after.

This is delusional. The legal team won't work on the promise of a small smear of jam tomorrow. So you'll have to drop any action quite quickly if you have no funds.

If you are then on the hook for the other side's costs then you are taking food out of the mouths of your kids.

as @Mamalifeee said a solicitor just said they cany do the will as soon as they knew what drugs her grandfather was on and they didn't do capacity tests

She absolutely did not say it was when they found out what drugs he was on. Read it again and read the actual words, not through your own lens.

You really are a delight, aren’t you op?

I’m also beginning to see why things have turned out as they have

they cant take what I haven't got so can just take small amounts every now and then and cant take too much as I have children to look after.

Oh OP don't be so naive they will take every penny you have, they will send bailiffs round to take the rest of your stuff and they will continue to take every penny you have until you pay off what you owe! I get the impression you think because you have no funds and children they'll do all this and when you get the bill for thousands possibly hundreds of thousands they just go oh she hasn't got any money we'll just write it off. They won't!

Please don't put yourself and your children in this position

@VanGoghsDog As before my grandfather got very sick he made a appointment with a solicitor in order to do a will and leave everhtjing between children/grandchildren when this appointment came around he was in hospital and on different medication for that reason the solicitor would not do it as he was not ‘right of mind’ and he didn’t pass away till 2 years later

That is exactly what she put. She didnt say he had to do a capacity test. And I will not be taking food out of my childrens mouths as obviously I will prioritise that over paying costs.

If there are costs to pay, you will have to pay them

We’re all wasting our time here folks, the op is determined to bankrupt herself in order to prove a point

Crack on

And, from what the trained people say on this thread, it very probably was.
Hate to come across as conspiratorial & all but we don't know who is trained on this thread & who isn't - I mean it's pretty anonymous isn't it. There's some really judgemental & nasty comments which OP would do best to ignore. It's not really anyone elses place to make unfair judgements on OP because of her position. We don't know the full story & she's only asked for people to comment who have been through this and their story. And this response seems to be a mixed bag.

I don't have a lot of experience with this as I've said previously except I did see my MIL challenge a will successfully & it does appear that it's possible to do with the help of legal counsel. Again I'm really hopeful that things will work out well for @52Ilovechinese

@DeRigueurMortis but you're comments are vile and completely uncalled for!
Wow there's something really disturbing about your comments. You don't know the OP, you don't know what she's been through or who she is, even her particular personal circumstances do you? What you've written is judgemental nonsense and you don't have the right to spew your own shit onto the OP. Vile

Tell us how you really feel @DeRigueurMortis . I'm hurt and it wasn't even directed at me!

You are entitled to your option Chocolate but having followed this thread from the beginning and started feeling very, very sympathetic to the OP I now base my revised opinion on what's she's posted.

Is it nice? No it's not.

Is it an accurate reflection on how the OP has behaved on this thread?

Sadly, yes and you might want to save your chastisement for an OP who wishes infertility on people posting to help her in good faith because they don't agree with her assessment of the situation.

That is exactly what she put. She didnt say he had to do a capacity test.

I'm not sure what you think you are arguing about but I did not say or suggest that the poster said her grandfather had a capacity test. But every solicitor who takes instruction must ensure they are taking instruction from someone who has the ability to give it.
That solicitor decided the testator did not. But the poster did not say it was "as soon as they found out what drugs he was on".
And even if that was what happened, it doesn't necessarily translate to your situation.

Read the posts again.

Ah an ugly situation at a dreadful time. I wish you luck OP

@chocolate50 thank you for your kind and helpful comments you are right some people are being very nasty and judgemental towards mr in here. I only said people should not have chikdre if they are going to treat them unequally. And what loving mother would treat her children unequally without a very good reason like one grew up to be a serial killer or never bothered with them at all. It shouldn't be a case of you get on with one more than the other or see one more because they love nearer. And you are right in that people can say what they want and be who they want on here so whilst I appreciate advice from solicitors and lawyers I will take it with a pinch of salt until I speak to my actual solicitor face to face. As even if people on here a professionals they dont have all my evidence in front of them (which true professionals would surely say they cant accurately say without all the facts)

@justasking111 thank you I appreciate that

Also, paying in installments doesn't mean the solicitors do all the work and then allow you to pay £50 a month or whatever. It means they work on a piecemeal basis so you get bits done as you have the funds so it'll drag out for years.