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.

OP I treat my children differently because they are different characters with different needs, I love them equally,

When it comes to my will all my children will be equal because as I understand it under French law it has to be that way. If possible though I will probably favour one of my children not because I love them more, or because of a disability, not because one or other is a murderer, but because of a specific reason that means my other children benefit in another way

you do sound bitter and vindictive to judge others and have commented about people not being able to have children, a truly vile comment

@WelcomeToShootingStars thank you for insulting me. I am not an unpleasant person I a hurt and angry grieving person. I may well lose as you wish mr to (thank you again for wishing more horrible things to happen to me on top of losing my parents at a young age) but at least I will still have the love of all my children and family. My brother hasn't got children (never wanted any) and the family dont want to know him after this.

So hope the money will keep him warm in his lonely old age and as the saying goes he cant take it with him

My mother died in March. She was on morphine before she died. Her mind was as sharp as a tack. She had full capacity. Being on strong drugs does not mean that you do not have full capacity.

@MrsRagnarLothbrok if you have a specific reason that is probably a fair reason then that us different. My brother Is more well off than me and doesn't have children so to leave more to him when he doesn't need it is just strange and not a fair way for a mum to treat her daughter and mother of her grandchildren.

Why can't you provide for your own children. You keep saying this money is theirs, it's not. You say your father loved him and treated him like a son but then also that he'd hate all 'his' money going to someone who wasn't even his own child.

You seem mad that your mum never worked and that she's wasting your dads money, it's her money too. A SAHM is as valid as any job, and as hard.

It really upsets me that you seem to dismiss her contributions to the family finances.

I do feel sorry for you, this isn't what you wanted. But I think it's important to try and acknowledge
that it was what SHE wanted which ultimately is all that matters here. On a personal level, I was told I'd inherit a sizeable chunk from my grandmother. She was very ill and decided she wanted the estate divided up equally between my mum, uncle and the grandchildren. When she died she'd never made that provision in her will and my sister and I were obviously quite upset but there was nothing we could do. Despite us all being present at the conversation, my mum and uncle were suddenly suffering from amnesia and had no recollection so they got half each. Which was fine. I was upset of course but it's done.

Again I only said people who plan to treat children unfairly shouldn't have them as do you know how damaging it is to think you wasnt wanted and even in death your mother didn't show you love?! So my own mother should not have had children she always said she never wanted them anyway si god knows why she did.

Perhaps your mother chose to leave it to him because he didn't display any air of entitlement. Perhaps because regardless what you think of his motive, he welcomed her into her home and provided the care she needed.

Perhaps your brother doesn't give a fuck if you never speak to him again. Perhaps those who don't have children can have wonderful lives regardless.

@hadenoughofthisall my Dad loved him and did treat him as his own son which is why he wanted him to get the exact same amount and his own two children. But if course he wouldn't want him to have the whole lot and see his natural born children and grandchildren go without. Who would want that?!
I know legally people can leave "their money" to whoever they choose, but surely any honest person with a conscience would respect the fact that without their partner they wouldn't have had it in the first place and at least honour some if their partners wishes? There is nothing wrong with being a SAHM I have been one myself, the difference is she always said she hated be7ng at home looking after her children and only didnt go back to work because she wouldn't have learnt enough for it to be worth it. All her earnings would have only covered childcare

Yes of course they can as I said he didn't want children so at least that's one good thing he dud not to have them unlike my mother whi never wanted any yet has three.

Yes he clearly doesn't want to speak to me unless it's to ask me to remove the caveat as he clearly doesn't care about family only money. Abd he only welcomed her into his home to get his hands in everything. Where was he all the tears before?! Whilst I was visiting her all the time and phoning her every day.

Last comment was to @WelcomeToShootingStars

@WelcomeToShootingStars and I can assure you he does display an air of entitlement, you cant really comment on him as you have never met him or seen how he acts. I think you are judging me based on my earlier comment about people shouldn't have children if they are going to treat them unfairly which I still stand by that or at least only have one child then you can leave them everything and spoil them and have a golden child because there are no others being hurt in the process

OP, do you understand that you can't have the money just because you'd like it? Maybe your mum didn't want to give it to you.

You have applied for a caveat which allows you time to gather evidence regarding the validity of the claim within 6 months. This can be extended but ultimately you have to prove the will is not valid.
If you try to extend just to gain an additional pay out then all costs will be awarded against you.
You say you have spoke to your mother several times a day on the phone and visited her, did shopping and helped to wash her.

Yet you also say she could hardly speak at the end and had a broken hip you knew nothing about.

You say they offered to look after her to avoid care home costs and yet the GF was a nurse and took your mother into their home.
She was not related to her and still catered for her.

You say you were regularly visiting but that your mother didn't really care that much for you and was not a good mother.
You say she was underweight, incapable of doing anything, unable to leave or really speak and yet you spoke to her about 3 times a day on the phone. If there was a concern about her treatment you have not said you raised any issue.

You mention solicitors fees as being paid off and yet you are unable to say what work the solicitor has provided.

You assume the brother will take you to court but he will not need to, this will automatically go to court as you have refused to budge.

You have no evidence of the will being invalid and this is what you need to provide to court.
You are fixated on your brother but it is the solicitor to whom you should be directing queries.

Your day in court will be about the concrete evidence you provide about the solicitor and their errors or omissions.

Your mother died last year and the house needs to be maintained and heated etc. Any direct debits she had, will remain in place to cover this and this will eat away into any inheritance. Your share is also eaten away.
The court is perhaps likely to see this as vexatious and throw the book and all costs at you. They would see it as a form of abuse to punish your brother who bears no responsibility for the drafting of the will.

You have avoided providing information about the work of your solicitor etc and selected only posts you wish to ask.

The narrative has loop holes and contradictions and is full of blind calumny and revenge.

Crack on ( as others have said) with your contrivance. I will bow out.

@cabbageking has nailed it! I'm afraid your solicitor saw you coming too and is looking forward to her share. Don't be any more of a mug than you already have been OP.

@cabbageking a few questions, how can direct debits continue if someone has died surely their bank accounts are closed? Also why does an empty house need heating? Obviously because I believe my brother and his partner were putting undue influence on her to make the will and I'm.sure we will be questioning the solicitors too

@Barbie222 or maybe my mum was pressured into making it whilst under the care of her narcissistic son and his partner

OP obviously an empty house will still need heating in order to stop it falling into disrepair. It will still have gas, electric, council tax water bills etc all of these will have to have been paid. All of this will come out of the estate before you get anything if you win and you will be responsible if you lose. They will also be taken into account before agreeing a settlement via mediation. So if you have prevented the house being sold for a year you will likely have to pay the bills incurred.

FFS OP

Your mums affairs/finances can't be wrapped up because you have stopped probate.

If you don't heat a house it will get damp and may cause structural damage and equally damage the contents of the property.

These things are fairly obvious surely?

🤦‍♀️ 🤦‍♀️

An empty house needs heating or it will deteriorate very fast. Pipes burst in cold weather, damp sets in which undermineds the integrity of the building. Surely you know this? The estate will pay for it until the house is transfered, so your share is already diminished and will continue to decrease the longer it goes on.

@sweeneytoddsrazor I'm sorry I dont understand how it will fall into disrepair just from not being heated? Plus even if probate had been granted there is no guarantee it will have already been sold Is there?

@Upstartcrones no I didn't know that. Thank you

The estate pays for the costs of up keep of the property until it's sold. The executor May pay these costs but is entitled to claim that back from the estate

11. What will it cost?
When selling a probate property, you should not find yourself faced with any major legal costs than for the sale of a ‘normal’ property.
While you may face some modest additional costs, such as clearance of the house prior to selling, or additional insurance cost for a property left unoccupied for more than 30 days, these should not be excessive.
That said, you might also incur costs if, say, the house needs to be kept heated during the winter to avoid it getting damp, or if you decide to employ a gardener in the summer to keep the lawns mown and the garden tidy.
Equally, if you are struggling to sell in a slow property market, you may want to spend money on improving a property before selling.
As an executor, you are entitled to get these improvements carried out within reason, but it is advisable to inform the beneficiaries before spending any of the estate’s money.

@Narcheska thank you for your help, he has certainly not been maintaining it (from what I can see) and is not keeping me and the other beneficiary informed.