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.

@Soontobe60 but surely some wills must be overturned director undue influence or it wouldn't be a thing, and how does anyone ever "prove" it? As the person it was done to is gone and the people who are so nasty and evil to do that would surely never admit it would they?!

Director= due to

It's lovely that you think all children should be treated equally by their parents but you must have noticed this is categorically not the case in real life?

As I said, my dad gave me £50k and my sister £5k from my nan's estate and now my sister keeps bleating at me that they value her as 10% of me, when it was nothing to do with me. Sadly, this hurts me as much as it hurts her - she needs to get over it, frankly.
As do you.

A will can be tested on other things than lack of capacity and if it was witnessed correctly such as
Undue influence and lack of knowledge and approval.

Sadly, I think you lack some basic comprehension skills. I didn't say they were the only two things, I said they were the things you need to focus on.

By your own admission you have zero proof of the other two you have mentioned. Unless anyone was literally present when she was being bullied (not just persuaded) by your brother, this is a dead end

@vangoghsdog well I dont generally go about asking people what they are putting in their wills or what they have been left but everyone in my family who knows about my situation has said their parents are leaving things equally for them although one told her parents she wouldn't mind if her parents left her sister more as she us in a better financial situation than her sister.

Like you said you have nothing so what more can they take they can’t have what you haven’t got

No, but they can make her bankrupt and then she’ll have a whole lot more trouble,

OP suspects that her brother had something to do with persuading his will writer to remove OP from the will.

THIS IS NOT ILLEGAL!!!

The op isn’t interested in proof. She thinks she’s entitled to more despite her clam having no legal basis. You cannot argue with stupid.

OP, from what you've told us about your case, I don't think you have the slightest chance of winning. You haven't shown any evidence that your mother wasn't of sound mind etc when she signed the will.

Please drop your case before you land yourself deep in debt. You are at risk of having to pay a lot of money in costs.

I don't believe your solicitor thinks you have any chance of winning either. But you will still have to pay the solicitor's bill, and possibly your brother's costs. Your delays are also reducing the value of the house, meaning you will inherit less anyway.

Do as someone else has suggested and ask a "No win, no fee" solicitor. If they won't take you on, it is because they know you won't win. Please drop this hopeless case now and enjoy the inheritance you can still get.

Claim not clam

@chocolate50 thank you and you are right there are some very nasty judgemental people on here, tiu are also right that questions need to be answered. And maybe you are right @contentedsoul maybe you are right, it's a sin what they have done and it will bring them no luck

That at present she has not benefitted from the will and won't unless there is an agreement between the parties or a legal solution

No, the OP was named in the will, but she hasn't been bequeathed as much money as her brother. She wasn't left out.

So, she would benefit of she wasn't stopping it from going forward.

It is quite worrying that most of you on here are mothers yet have such a nasty spiteful streak to be so horrible to another mum who is grieving the loss of her parents. Maybe I dont have a chance (though I will not give up the case just on the say so if people on the internet) but some of you seem so happy at another's misfortune.

The fact that this conversation is still going almost a week later sets alarm bells ringing. OP, I think what your mum/brother did was despicable, but if you let it consume you, the only person it is going to hurt is you. I saw one case where the "file" took up half of an office. Multiple counsels opinions, 7 years on, and it was no further forward, excepted each side had racked up tens of thousands of pounds in costs, each growing progressively bitter and angry with each passing year. It's up to you what you do - I'd dig my heels in by all means - but I wouldn't expect much joy to be honest. As I say, I think it was a horrible thing to do, but I think you're better looking forward not back and concentrating on your own family.

@Chocolate50 you are missing a really salient point which is perhaps clouding your view. The OP is included in the will. She is going to benefit from her mother's estate. What she is contesting is that it isn't as much as she wanted.

This gives her very little hope in succeeding and is actually a common tactic when writing a will to block any attempt to overturn the will. Therefore her mother knew exactly what she was doing.

The advice you are giving her is flawed and based on incorrect assumptions. The path she is on is potentially ruinous to her and her children. It may already be too late to avoid it as the wheels have been set in motion.

Dont forget its also my young innocent children who have no grandparents now and are also hurt by this.

Oh for goodness sake the op is bringing god into it. Good luck with that argument in court.

What does your other sibling say about this ? Are you supported ? You said that other family members are angry with your brother . Are they going to help financially with your case ?

Oh and lots of children do not have grandparents. You and your children are not unique .

@SnoozyLou thank you it is a despicable and hurtful thing to do. Do you work as a solicitor or with one then (sorry cant remember if you already said)

Op this is out of order

It is quite worrying that most of you on here are mothers yet have such a nasty spiteful streak to be so horrible to another mum who is grieving the loss of her parents.

Every poster here has sympathised with you that why your mother did is unfair and moral wrong h however it is not illegal. You're not fighting a moral battle on that battle ground you'd win you're fighting in a court of law. They don't care about fairness they care about what is legal and what's happened is legal I'm afraid.

All these posters have done is try and stop you getting yourself into debt/ bankruptcy and depriving your poor children of food and a home! You're currently in a position where you could be in a lot of financial trouble and non one likes the idea of that happening. You've been offered excellent advice but have chosen to ignore it.

Hi OP, I can feel your pain. On one hand you're angry at your mother for changing the will and on the other suspect your DB and his GF of coercing her to do it. You just want to lash out at the injustice of it either way. Are you going to take your solicitor's advice even if she says what you don't want to hear?
I kind of know where you're coming from, my DF decided to leave everything to his 2nd wife and hope she'd do the right thing for his DC, no chance that was going to happen. I was very hurt by this but for my own sanity had to accept it and realise I had a loving family of my own to fall back on. I wish you peace and happiness.

Today 18:44 Ilovechinese -

Dont forget its also my young innocent children who have no grandparents now and are also hurt by this.

Oh goodness me it gets worst.

@Upstartcrones she didnt know what she was doing, she never had a clue about anything financial as my Dad did everything for her. She was nearly having a breakdown after he died as she didnt understand how to pay the Bill's as she never paid one since she was with him so if it was done for that reason then my brother obviously told her to.