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How to change or contest a will

28 replies

MrsArchchancellorRidcully · 02/05/2013 11:55

My mum has just died. Her will was last updated in 2009 and left everything to her partner of 22 yrs. They were not married. In August last yr, her partner had an affair with another woman and told my mum they were finished.
he then got this woman pregnant.
For the past few months, we've been helping mum to find a new place to live. She and the ex had both engaged solicitors to sort out asset splitting and he was buying her out of the house.

She had heart failure at the weekend and died instantly. Her will still leaves all to ex. My sister and I don't know what to do. She doesn't have much - a few thousand in isas, a small private pension, a bit of life insurance but these were all things that were hers and as her ex now has the house (joint tenancy I think. He automatically owns all the house now, which is fine. Don't want his house) and his financial situation has been greatly relieved, I know she would want the rest of the estate to come to me and DSis as she was planning to do by buying a flat close to us. My Grandma (mum's MiL) died last year and her house is being sold and my mum was a beneficiary, so conceivably her ex would also get my mum's share of my dad's mother's house!

We need to speak to him to see if he will do the decent thing and we can arrange a deed of variation I believe, where all parties agree.

If he doesn't - where does that leave us. What grounds can we change the will? Can we change the will now?
We have lots of evidence (solicitors letters showing they were splitting, witnesses as her ex was getting nasty (she called the police once and that's officially logged).

The thought of her hard earned cash going to him makes me sick. Any help would be so appreciated.

OP posts:
digerd · 10/05/2013 11:03

I don't understand why your paternal GM left everything to her DIL who was living with a new DP . When her DS - your DF- died before her, she should have made a new Will making her GC her heirs.

Or as my DM was advised to do by her solicitor, to state if any of her DC died before her, the GC would inherit < not the DIL/SIL>

MrsArchchancellorRidcully · 10/05/2013 22:33

digerd my grandmother loved my mum and was on good terms with her partner. She died last Nov but did not know about the split.. She wanted to ensure her DS's widow had something/

Her estate was split equally between my mum, my uncle and the 4 grandchildren. As my mum died after GM, her share of GM's estate becomes part of her estate. GM's will could only be altered as you suggest if mum died before GM, which is not the case.

OP posts:
digerd · 11/05/2013 10:33

That was very considerate of your GM, but didn't work out as she had intended. Most Gps want their estate to eventually benefit their GC.

If she had known about the DP, before she died, I'm sure < I know I would> have changed her Will.
Your poor DM, still hoping he might come back to her. You have my full empathy. Your GM's inheritance was never meant for him and another woman and his child.

Are you still going to follow up your claim? Hope you win.
Good luck

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