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.

Is her Dr not named on her medical notes?

@Zilla1 yes it is the same person. I am not sure that they would do that as when they asked me to remove the caveat I said I will if they agree to give a more reasonable amount and they just walked away. It is pure greed as they know I need that money more than they do and I have children to support while they do not.

@sweeneytoddsrazor probably yes I just remember seeing things the nurses wrote but will have to read through them again.

If you lose, you may have to pay your brother's massive bills AS WELL AS your own. Double debt for you, none for brother plus he gets whole estate

Op - if the estate were to be split three ways (as originally intended) do you know roughly how much each of you would likely receive?

As another PP has mentioned, depending on how much the estate is worth may dictate how people will advise you.....

In terms of relying, from memory that is to do with the would be recipient making financial decisions based on their form belief they would be inheriting, a belief that had been given to them directly by the person whose inheritance it was. So say my dad told me I would inherit £100k for sure, and I then went and bought a business for £100k intending to pay it back when I inherited and then when dad does and the will is read I am left nothing at all.

@Ilovechinese the case I assisted with was relating to the inheritance of a farm so a bit different - he'd worked on it during his life time believing it would one day be his. There's precedent for that situation too.

OP this is very upsetting and I understand completely how distraught you are but going through this lengthy, expensive procedure which you have a very low chance of winning will not alter what has happened. You will still feel very hurt by their actions, it won't change that, even if you won.

Draw a line under it, walk away and concentrate on your life now with your DCs. Putting all your emotional energy and finances into this will only lead to more distress and possibly years of it.

You cannot say you were relying on it though. If your mother had gone into care then it would have been taken. That is completely different from an environment where your work or home that you currently live in is affected by the will.

@zsazsajuju Thank you for your explanation. It makes sense.

I know of one person who got a will overturned.

Who witnessed the will. Did they sign at the same time as your mum?

If it’s dated after your mum signed that can get the will questioned.

Also you need to know who the witnesses were and how they know your mum/brother.

Just found this

Usually if you win your case, your costs are paid either from the estate or by your opponent.

However, keep in mind that the Court has the discretion to make any order they see fit in relation to costs – and the conduct of the parties can influence their decision.

The Court might take into account, for example, that the Deceased caused the dispute because of their unreasonable behaviour, or that one party caused delays or difficulties in the case. Where someone has acted unreasonably in the proceedings, this will often be reflected in the order for costs (regardless of who won the case).

Also, if the circumstances were such that it was reasonable for there to be an investigation with regards to the Will, the parties may each bear their own costs.

May, being the operative word

@Singlebutmarried I think it was my brothers partners daughter who doesn't know my mum at all

@Singlebutmarried how did they get it overturned? On what grounds?

But they did cause difficulties in the case as they kept refusing to show the will until they pretty much had no choice. Also why hide it if there was nothing wrong?

Step 1: Establish grounds to make a claim
There are a wide range of grounds on which to make a claim and the best way to find out if your claim has merit is to seek legal advice from an experienced legal professional. You can find out more about the most common claims here. You may need to obtain a copy of the Will, if there was one, in order to fully consider whether you have grounds to make a claim. You should ask the Executors for this. If they refuse, your lawyer can write to them that failing to provide a copy of the Will could mean resolving the dispute takes longer, resulting in higher legal costs. If the claim goes to Court, the judge may take this into account when deciding who pays the legal fees.

It was overturned as the witnesses were people that the deceased had never ever met (the will was also signed after the deceased had signed it).

OP you are hurt and angry, rightly so. But can you step back a bit? I used to work as an assistant to a will and probate solicitor.
They were happy to take on pretty much any case, as its a bottomless money pit.
Have they told you their hourly rate? You do realise it can take years and years of back and forth, and unless the estate is huge or you are very wealthy indeed, please don't risk it.

Most cases I saw were abandoned after thousands of pounds of legal fees been spent, it is so difficult to get a will overturned. Just doing it on principle or just to cause stress isn't what you need. I wish you all the best.

Be very very careful about wracking up solicitor fees. We've just had a long legal battle. Each letter and dealing with the response cost around £700, and each time we met our barrister, which is essential, it cost us £1,500.

@cornstarch was your case to do with wills as well?

For the 3rd time...

Roughly what is the estate worth.....

We can advise you better...

However if you took it to court...and YOU LOST. You will not only pay you 100k-300k fees. You’d also have to pay his 300k fees

If the estate is on,y worth 20k. Then where would you find the extra 540k?

Hence why what the estate is worth is important. As others have also pointed out..

I assume at best, if you won't your case, the outcome would be that the old will stands which I expect was that the estate would be divided by three siblings, so indeed, how much left would there be for you after fees?

No, not a will, but a similar kind of dispute. Trust me, the solicitor bill will be way above £10,000 long before you get anywhere near court

You keep saying if they give more. That means you where not written out of the will. Your chances are even less solicitors often advice giving a token amount to someone they wish to actually write out as it makes it near impossible to contest. Why not just take what you’ve been given and move on with your life. You full of anger over some cash that could of been eaten up in care fees. Your really willing to ruin your future mental heath and put your children though you living this pent up life over getting more. Ie being greedy like you accuse your brother of.