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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Has anyone ever challenged a will?

117 replies

Coldwine75 · 03/05/2021 13:31

Hi

Don't want to give details but may need to make a claim or contest a will of someone who passed. I have heard its a long process, can be stressful etc, hoping for no win no fee if do proceed.
Just wondering if anyone out there has been through it?
Am i unreasonable to do so, even if the person was estranged from the deceased .

OP posts:
OverTheRainbow88 · 03/05/2021 13:34

I looked into it at length and spent some money getting info but decided not to proceed. We looked at making a recent will invalid.

What’s your reasoning?

Original poster
Coldwine75 · 03/05/2021 13:36

Reasoning is someone has been cut out completely and we think altered late on......

OP posts:
OverTheRainbow88 · 03/05/2021 13:37

Did the deceased leave an explanation as to why that person was cut out?

Original poster
Coldwine75 · 03/05/2021 13:39

nope

OP posts:
Ladydayblues1 · 03/05/2021 13:39

what would the justification be for them requiring a portion of the estate? is the person disabled or incapacitated in some way as to require long term financial support?

How big is the estate?

OverTheRainbow88 · 03/05/2021 13:42

Was the person cut out in a previously written will and then cut out a new will?

Basically it’s almost impossible contesting a will, if in a previous will it’s easier to make the new will void.

This is very very experience and could take forever.

In the meantime while you think you need to put a caveat in place, this can be done online and costs about £4, this prevent a grant of probate in a deceased person's estate being extracted so gives you time to think/research. That’s step 1 and cheap so worth doing.

Original poster
Coldwine75 · 03/05/2021 13:42

Just that it isnt fair?

OP posts:
Sweetchocolatecandy · 03/05/2021 13:44

Unless the deceased person was coerced into writing the will or did not have the mental capacity to write it then you don’t stand a chance of getting anything, sorry.

Orangebug · 03/05/2021 13:44

If the person was estranged from the deceased I'm surprised they were expecting anything?

WorraLiberty · 03/05/2021 13:44

@Coldwine75

Just that it isnt fair?
That's your 'justification' in its entirety?
MadeOfStarStuff · 03/05/2021 13:44

There’s no requirement for wills to be fair.

I would imagine you’d struggle to find a no win no fee solicitor for this kind of work tbh

BlueSussex · 03/05/2021 13:45

Wills don't have to be fair - why do you think they do?

The only reason to contest a will should be that you think it is fraudulent. Otherwise, it's tough luck.

If someone wants to leave all their assets to one child out of three, or Cats Protection, it's their decision.

Fairness doesn't come into it. It's theirs to do what they wish with.

Sweetchocolatecandy · 03/05/2021 13:45

And you certainly don’t stand a chance of getting anything on the grounds that you think it’s unfair.

Freddiefox · 03/05/2021 13:47

@Coldwine75

Just that it isnt fair?
To you maybe, but what was the relationship between the two really like? Was there any reason for the person to be disinherited? Real or perceived
InkieNecro · 03/05/2021 13:48

You want someone to benefit off of a dead person they were estranged from?

Original poster
Coldwine75 · 03/05/2021 13:48

We believe also a fraudulent act has taken place, person was not in sound mind etc but proving that could prove difficult
Just wondering if its worth the stress and hassle, there is a lot of money at stake.

OP posts:
OverTheRainbow88 · 03/05/2021 13:48

It being not fair isn’t a reason to dispute sadly.

I really wouldn’t bother pursuing if that’s the reason

ChekhovsWorkshoppedShooter · 03/05/2021 13:48

If the testator was of sound mind at the time of making the will, and the removed beneficiary was an adult and estranged from the deceased and you’re in England then I can’t see how you’d have anywhere to even start to challenge.

Original poster
Coldwine75 · 03/05/2021 13:49

@Sweetchocolatecandy

Unless the deceased person was coerced into writing the will or did not have the mental capacity to write it then you don’t stand a chance of getting anything, sorry.
This is exactly what we think
OP posts:
80sMum · 03/05/2021 13:50

Unless the claimant was dependent on the testator financially then I don't think they stand much chance I'm afraid.

It might be worth having a consultation with a solicitor though, so you can fully explain why the claimant feels they have a claim against the estate.

SpiderinaWingMirror · 03/05/2021 13:50

Is it contentious? Are the other beneficiaries in agreement that it's not fair? Any chance of everyone agreeing to re split?

sweeneytoddsrazor · 03/05/2021 13:50

Why were they estrang

LadyEuphemia · 03/05/2021 13:50

Do you have thousands of pounds you don’t want or need? Some relatives of mine challenged a will, against literally everyone’s advice. £21k later had to give up because they’d run out of money. The estate was worth all of £60k 🤦🏻‍♀️

Ladydayblues1 · 03/05/2021 13:51

Who drew up the will? was it a solicitor?

WorraLiberty · 03/05/2021 13:51

@Coldwine75

We believe also a fraudulent act has taken place, person was not in sound mind etc but proving that could prove difficult Just wondering if its worth the stress and hassle, there is a lot of money at stake.
See I would've opened with the possible fraud or at least stated that rather than Just that it isnt fair? Confused

Either way, based on the little bit you've told us here I don't think you've got a chance in hell of getting it changed.