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.

There is no way that you'd ever prove that a fractured hip was the result of rough handling. Elderly women can get a fractured hip very easily because their bones become brittle with age . These fractures most often happen when the person falls over , or slips out of a chair . There is absolutely no way that you'd ever prove that this was caused by rough handling . I know you are looking for something to help your cause, but this won't get you anywhere.

@SnoozyLou what do you mean I might already be covered for legal costs on one of them?

@SnoozyLou yes it was a biological parent. The reason I say my loving parent is the one who does recently was obviously not very loving to do this to her younger children and tbh she was never really that loving when she was alive either. Always told us she never wanted kids yet had several. Well we didn't ask to be born. It broke my heart watching her suffer so much as she was dying then to read the will was like a knife through the heart to know after I stood sobbing over her and she cared so little about us and her grandchildren to cause so much hurt to us after shes gone and not even want to see her children and grandchildren alright after shes gone. Plus if she was in her right mind then surely she should have known the heartache and falling out between siblings it would cause. Therefore I have to think she was either coerced or if not she is one selfish heartless bitch. But that is hard because I cant grieve properly. I go from hating her and feeling angry to missing her and then wanting to ask her why she dud this

Does = died

In Scotland you cannot disinherit your children and they are entitled to a specified % share of your estate.

Could someone explain to me the reasoning behind this. Thanks.

was obviously not very loving to do this to her younger children and tbh she was never really that loving when she was alive either. Always told us she never wanted kids yet had several.

Reading your story, I do sympathise with you. You wish that your mother had been more loving , and you have now got to accept that even in death, she has let you down.

My advice - and I say this with all my sympathy - is that you'd benefit from some grief counseling . Spending a little money on that, would be a lot more beneficial to you ( and your children) than bankrupting yourself in dragging your mother's will through the court system.

Take care of yourself , OP.

@MustangsDraggedMeAway -its not quite correct that In Scotland children are entitled to a set percentage of the estate. They are entitled to one third of the moveable estate (so not any land or buildings) in certain circumstances. It’s an old rule which is aimed at ensuring children are provided for.

The more you write the more the more my heart goes out to you. Your pain and distress is palpable.

But realistically you cannot right this wrong in court. All the evidence you have highlighted is very flimsy and the fact she wrote a letter of intentions with her solicitor goes a long way to blowing your case out of the water.

What did she say in the letter? Did she give an explanation (even if you don't believe it was genuine)?

I lost my mum last year so i understand the pain you are feeling and appreciate this adds a whole new level of hurt on top

@upstartcrones well it was basically stuff I'd already heard my brother say so it's like he put words in her mouth and told her what to say (though I know I can't prove this) it's not just me my whole family is angry and disgusted at what he has done. And someone mentioned that in cases like this both think the other side is motivated by greed but I KNOW he is motivated by greed as if this was just the deceased wishes and they wasnt motivated by greed they would have said this isn't right and offered to give more to us. Also things they were saying to me months before the person died indicated to me they were making plans to take everything as in asking me to sign over my fathers half of the house to my mother. He obviously thought they were tenants in common and being as he wasnt his child he wouldn't have got anything from my fathers half. But It aroused my suspicions and I looked into it and unfortunately it was jointly owned.

Never, never take legal action 'for the principle of it.'

I genuinely don’t think you can win this. I say this with absolute sympathy. Let it go. Look to the future with your own children. It’s a cruel thing your Mother has done, don’t let it define you x

If you don't want to say I completely understand, but what stuff was she (your DB) saying. Might be central to their argument of why she wanted it done this way. There are some lawyers on here so it might give them more to go.

@Rachie1973 it's also cruel what my sibling has done and I've also lost them as well as both parents as we will never speak again after this (not that we were close before) but you still wouldn't think your own family would do this to you

I would suggest you proceed with caution as costs can quickly spiral and don’t trust your lawyer. Just because someone is a solicitor doesn’t mean they’re ethical, I know lots who take money off clients for hopeless cases after covering their backs. And absolutely do not sue if you can’t afford proper representation (good solicitor and barrister). If you’re using someone from a high street firm you might as well not bother, you get what you pay for in the legal profession.

I don't want to encourage you to embark on this legal action because, as almost everyone is saying, there's a good chance it's an expensive hiding to nothing. But equally, nobody here can tell you for sure that it's not worth pursuing. You really need to rely on legal advice not ours, and, as I said upthread, I think you need more than one legal opinion in order to be reasonably sure you aren't just being ripped off by a solicitor who's happy for the hours to rack up fruitlessly.

Reading your updates and the various calls for you to get some counselling instead, I feel more and more that what would be most helpful for you is to do all the digging you can around what may actually have taken place, and really satisfy yourself you've got as many of the facts as you can, and then take stock of whether all of that adds up to something that's provable in court or not. Only then make a decision about whether to plough on with legal action. I think that process would be therapeutic in itself.

In your shoes, I would go through the medical records carefully, with a medical professional if you have a suitable friend who can decode and shed light, and see if there are any alarm bells. If she had a GP who saw her regularly and knew her, I might arrange to talk to them about your concerns. Who witnessed the new will? If possible, I would talk to them about the circumstances and any concerns. Are there neighbours who might have seen the kind of treatment she was receiving? Etc. Only if you turn up something that's worthy of a court's time should you proceed with the legal action. But I think if you feel you've done everything you can to get to the truth, you will feel better able to move on if legal action isn't possible.

I am so sorry for your situation and wish you luck.

I really feel for you, this is a horrible situation to be in and I can totally understand why you’re so upset and angry.

you still wouldn't think your own family would do this to you

Even if you win, and that’s a big if for all the reasons people have outlined above, it won’t change the fact that they did it.

@pianotuner567 no of course it wont change what my brother or sibling has done but it will justice has been done and they didn't win and I know my father will also be happy to know I did not let them get away with this after he worked so hard all his life to provide for us and also wanted to look after us after his death. He will be furious to know what my so called brother is doing.

@Ilovechinese Ah I'm really sorry. That's an awful thing to do. Again though, do check that you or your other sibling aren't covered for legal on an insurance policy somewhere. A lot of people don't realise that when you tick the box for legal on a motor insurance policy it doesn't just cover you for litigation relating to car accidents, but all sorts of things.

Even if I dont win, if it drags out so long that the house loses its value like some people have said and they dont get as much as they thought they would and it causes them stress and its not such an easy ride for them as they thought it was going to be just maje my mother do a will and bang that's it they will get everything after shes gone. I will make not make this easy for them. Then in some ways that is also a kind of win rather than just rolling over and letting them have it easy and just take everything without a fight.

I do know what you mean, yeah. A win is not just winning the case.

I wish you well whatever you do.

@Ilovechinese

I’ve got 2 questions for you

1. Do you have 10k -30k right now? Ready to go? When the solicitor says Installments. She’s thinking probably 1-2k each time. She’s expressed this yes? You’ve got the back up of this money in instalments. Just in case you lose right?

1. How much money is this all over? Are we taking more than 400k? If not. Then I’m not sure it’s worth it.

So sorry for your loss OP, but a PP is correct the only winners are the lawyers, of course they will say you have a reasonable chance of success, they get paid either way. My advice would be to stop and think before you act. So sorry you are in this stressful position at an already awful time.

OP O understand that you are hurting badly but please step back and think. It isn't a win to let it all drag out and them lose money but you still get nothing. All that will do is end up consuming you with hatred and bitterness and your own personal finances will take a huge bashing. I would urge you to seek some counselling and concentrate on building a good life for you and your DC. Your relationship with your brother is obviously beyond repair. You say you have another sibling what is your relationship like with them.

Oh and someone also said before it doesnt matter that she was on strong drugs and she could have still had capacity but if thsts the case why did my brothers partner say to the solocitors she wasnt yet on medication and also said to me she wasnt on anything at the time of it being made. Also the solicitors took her word for it that she wasnt yet on any drugs so if they have now seen the medical records would they refuse to act for them because they have been dishonest? And could they be liable?

I honestly can't see dragging it out as a win. Some houses fall into disrepair but equally they may just maintain it and live in it whilst this rumbles on. Meanwhile it appreciates in value and they've not really lost anything. You on the other hand are paying out huge sums to delay the inevitable. Its a huge gamble that is going to drag you down emotionally when you should be healing.

As harsh as it sounds in their shoes I'd pay the legal fees seperately from the estate
knowing your chances of winning are very slim. I'd be thinking let her run out of money so she can't pursue it anymore. Then we've still got the house so haven't really lost out and emerge the winner overall.

Sorry if that is harsh but it is unlikely to punish them in the way you think. Also is it possible your dad would be more concerned with your welfare and that of his GCs than fighting a vendetta?