Realistically, how easy is it to successfully contest a will? (a bit long)

[SymphonyofShadows]

Would someone be able to answer this please? I guess it's a very common situation: One of my friends has recently become very disabled and relies totally on one of her adult children for support. Without the daughter's help she would been unable to live independently. The daughter spends a lot of hours a week taking care of her mother's needs, she lives the nearest of the children. I am a close neighbour so I see the one daughter coming and going all the time, and exactly how much help she is.

My friend has 2 other daughters who she sees much less often, one about once a month and one more rarely, even though they both live within 10 miles of her. They do not really accept the extent of my friend's disability (visual and movement impairment) and seem happy for the their sister to do 'all the work' as it's easier for them.

My friend's will has always been arranged so that it's split evenly between all three DC's and they all have known about this for a long time. She is a widow. She now wants to recognise the care, love and support that her carer daughter has shown and wants to change the will so that she gets a greater share in recognition. The daughter in question isn't aware of this. My friend is worried that the other two will contest the will and they will all end up just wasting the money on legal fees. How likely is this if a new will is drawn up properly? My understanding is that as long as you are of sound mind you can leave what you like to whoever, but I have no legal knowledge whatsoever. My friend is worried about leaving her helpful daughter with more trouble than if she kept the status quo. Any info would be great. I have offered to take her to her solictor but would like to be able to reassure her a bit in the meantime.

There are things that can be done to minimise the risk of the will being challenged - e.g. a medical report to confirm she's of sound mind, and a side letter explaining why she's disinheriting the other children.

Can't stop them applying under the Inheritance Act though. Nothing can.

Generally adult offspring not reliant on the mother's income would struggle to successfully challenge a will, doesn't stop them trying. It will also depend on how much it is as to whether it is worth their while.

Thanks, she is only reducing the other's share not stopping it. She has a solicitor, I was hoping to stop her fretting a bit before she can get to see him. It sounds good that she can include a letter of explanation as she feels its about fairness. It's a minefield isn't it? I'm glad I don't know the details of my Mum's affairs, there is no expectation by any of us as she is would tell us to eff off if we asked!

Hello OP

I'm not a legal person but our solicitor asked if there was anybody likely to contest my Dad's will and we had a disinherited sister.
The will gave the reasons for the sister being disinherited and he was sound of mind, which the solicitor said was the most important.
Also, another reason for contesting is that th person made the will under duress. If your friend covers all these 3 things there will likely be no come back and her solicitor should be able to advise her regarding the law.

If your friend clearly states why the difference is there, she'll be fine.

Thanks, hopefully she'll be ok then.

Would it be worth looking at gifting the daughter now while she's alive, and then the will could stay the same with the split? There may be tax implications but just a thought.

That would be ideal but I really don't know if she is in a position to. I suspect most of the inheritance is from the house.

Whilst I can see her reasons, it is worth considering the long term implications of one child being left more than her siblings. If the other siblings see it as being unfair, then there is likely to be ongoing fallout and ill feeling among the siblings which could permanently sever any relationship they have. Is the difference in what each daughter gets worth their relationship? It may seem like a good idea now, but being blindsided after the death of your parent is not the best way to go about this. If she truly believes it to be for the best, having a conversation now, before the worst happens is a much better way of going.

I agree with Midnite. I also wonder why you know so much about your NDN's business.

I agree Midnite, and have said so. It's something she'll need to consider, no doubt.

Derxa, what's it got to do with you what my friend chooses to tell me? She is a close friend who happens to live nearby, not some random neighbour. She can't google herself because of some sight issues and asked me to see what I could find out, she obviously can't ask her daughter. Is that okay with you?

Whilst it's easy to understand why your neighbour wishes to do this, if most of her inheritance is in her house, and she ends up in a care home (which, dependent on her dd's ability to support her, sounds a distinct possibility), the inheritance will dwindle fast.

She may end up leaving virtually nothing, except an ugly feud between her children, which is probably the last thing she wants.