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Contesting a will

4 replies

StayingIncognito · 17/04/2011 22:44

Is there any way a will can be contested or one of its terms overturned after probate has been granted?

Say Fred dies, leaving £10k to Joe. Probate is granted but, as Joe is a minor, the will states he can't have the money till he's 21 so the exercutor hangs on to it. Before Joe turns 21, he commits a serious crime against Fred's child. Is the executor still obliged to hand over the money when Joe turns 21 or can some sort of appeal be made on the grounds that Fred would not have made the bequest had he known what Joe would do?

Sorry to be so vague but I've namechanged for this and don't want to give any specific details as I'm making enquiries regarding a real-life situation.

OP posts:
Collaborate · 17/04/2011 23:30

In this situation, can't do anything, though Fred's child knows Joe has some money to pay compensation.

StayingIncognito · 18/04/2011 13:58

I was afraid of that. Do you know how to go about applying for compensation?

The big problem is that it's one of those crimes where it's the victim's word against the perpetrator's and the victim was a young child at the time of the crime so it may well not even get to court and, if it does, Joe may well be acquitted. In that case, in the eyes of the law there would be no crime for the child to be compensated for. As the rest of Fred's estate went to his wife and children, it would mean that Joe was literally taking the money from his victim. So unfair!

OP posts:
mumblechum1 · 18/04/2011 20:26

They're two completely separate issues.

The executor must do their duty and look after the money in trust until the beneficiary's 21st birthday then hand it over.

The other issue should be dealt with by a police investigation. The police will pass it on to the Crown Prosecution Service who will decide whether there's adequate evidence to go ahead with a prosecution.

mumblechum1 · 18/04/2011 20:27

If there is a successful prosecution, the victim may be awarded damages by the court or alternatively could make a claim via the Criminal Injuries compensation Board.

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