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Legal matters

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Can my brother contest Mum's will?

74 replies

Dogsmom · 11/07/2017 22:07

Huge back story but I'll try to be brief.

My brother has been an alcoholic for years and lost everything, he lives on benefits in a flat which he admits is awful, rubbish several feet high, broken windows etc.

Due to some terrible behaviour from him we're now nc with him, we being me and Mum, Dad died 4 years ago.

After Dad died Mum panicked that if anything happened to her then 50% of her assets would go to my brother and he'd drink himself to death then it'd go to his 2 children who we haven't seen for 15 years.
She decided to write a will and leave it all in my name knowing it'd eventually pass to my 2 dd's which she was happy with, she told my brother and he was fine with the decision.

She's worried though that he'll try and contest it though, purely out of spite as things got very bad before we went nc with him, she's been told a few things (by friends not solicitors) that she should've left a token amount ie 1k to prove she considered him and that if he does contest he'll likely win.
She's even asked me not to tell him if she passes away but would I have to tell the solicitor about him when the will comes into effect?

He came into 65k last year when his ex sold their house which was in joint names and he'd blown the lot in a few months on alcohol and gambling and she's terrified he'll do the same with the money my Dad worked hard all his life for.

OP posts:
Lottie991 · 11/07/2017 22:09

What would be so wrong for it to go to his two children?

Floggingmolly · 11/07/2017 22:11

Would she consider having it specifically written into the will that it is her wish that he not Inherit anything? Or inherit a very specific small sum only?
I've heard this is much harder to dispute than what could have been an accidental oversight if he's not mentioned at all.

honeysucklejasmine · 11/07/2017 22:12

IANAL but I believe she should make clear in her will that it is a deliberate exclusion, and why. This prevents him arguing that he was forgotten. I am not convinced that means he can't challenge it at all.

Worth a solicitors appointment, I'd say.

Floggingmolly · 11/07/2017 22:12

Oops, you've said just that Blush

TheRealLemonLyman · 11/07/2017 22:12

Could money be put in a trust for the children?

BrieOnAnOatcake · 11/07/2017 22:13

We had this in our family and a trust was set up so we could give money at times for specific things. however all the money went into nursing home care in the end :(

Palomb · 11/07/2017 22:14

She should leave it to whosever she wants to have it. Might be worth saying in the will the reasons that she doesn't want him to have it and then if he does contest it the evidence will be there.

TheFlyingFauxPas · 11/07/2017 22:16

Could she not leave some in trust for her other two grandchildren?

Squishedstrawberry4 · 11/07/2017 22:20

Half should go to his two children

RandomMess · 11/07/2017 22:23

Anyone CAN contest a will. You need to some proper legal advice, I hope @MumbleChum of Marlow Will comes along and can give some advice

Allthebestnamesareused · 11/07/2017 22:24

Op has said that her Mum has not seen those grandchildren for 15 years.

It is entirely reasonable for Mum to decide who she leaves the money too. She should write a side letter (letter if wishes) if she wants to go with the will explaining why she doesn't want to leave him anything.

TheCrowFromBelow · 11/07/2017 22:25

Why squished when they haven't had any contact with her for 15 years?
It's her Mum's money, she can leave to anyone she wants to as long as she makes a will.

crocodilesoup · 11/07/2017 22:25

Why has no one seen the children for 15 years?

BakerBear · 11/07/2017 22:27

You need an excursion in it. It's basically a letter with the will stating why he is not in it

Dogsmom · 11/07/2017 22:28

His children are now aged 18 & 15 and have made it clear they don't want any kind of relationship with our side of the family, we haven't seen them since the youngest was a tiny baby, at the time the will was made I asked if she was certain about not leaving anything to them and she said yes.

They're total strangers to us, we wouldn't know if we saw them on the street whereas she sees mine every day as we bought a joint house after Dad died.

I'll mention it to her about putting in a specific exclusion.

OP posts:
Lottie991 · 11/07/2017 22:32

Aww poor kids, I don't blame them

babybarrister · 11/07/2017 22:32

This reply has been deleted

Message withdrawn at poster's request.

rainbowduck · 11/07/2017 22:32

Same here. My parents have written a letter (which I have not seen) explaining why my brother and his children are excluded from the will.

It's heartbreaking (and I am dreading the thought of my brother coming ouf of the woodwork when they both pass) but it's their decision.

autumnboys · 11/07/2017 22:33

A relative of mine wrote into her will that she was leaving nothing to one of her children due to the lack of meaningful contact. I suspect the child would have taken advice about contesting it and been told not to bother, but the money was left in (I think the word is) escrow for six months until the timeframe had passed.

Joinourclub · 11/07/2017 22:35

She's not dead yet. Is she not interested in ever getting in contact with her other two grandchildren who are unlucky enough to have an alcoholic loser for a father?

crocodilesoup · 11/07/2017 22:36

I don't know why you keep writing "we" OP when talking about your mother's money.
It wouldn't suit you for your mother to leave the money to the other grandchildren would it?

stiffstink · 11/07/2017 22:39

You mention your mum writing a Will rather than getting a solicitor to do it - is it just something she has done herself? I would definitely say it is worth her going to a solicitor (without you there to avoid any allegation of undue influence) and get it drawn up by a solicitor who will keep full notes of her reasoning etc.

A simple will should only cost a few hundred pounds, whereas the legal costs in defending a claim against her estate will be thousands.

If she has done it herself, it is more likely to be called into question when she dies, because a solicitor is an independent witness to what she says she wants to do.

Lottie991 · 11/07/2017 22:41

Always found it weird how people can just right children off even though they are blood related and act like they don't exist..
To not even have a clue what they look like oh dear...

Dogsmom · 11/07/2017 22:45

That's very uncalled for crocodile when you know nothing other than what I've written, I said we because it's something that 'we' ie me and Mum have discussed.

I love my Mum dearly and dread the day I lose her, I feel sick thinking about it and believe me I won't get pleasure out of any inheritance but I'd feel a million times worse knowing that her wishes weren't carried out.
I said I'd be brief but I could write a book on what's happened over the years.

She's tried countless times to have contact and sent hundreds of cards with money in and letters but they don't want to know, the eldest is now 18 and has made it clear in the last few months he never wants to know this side of the family.

OP posts:
Dogsmom · 11/07/2017 22:49

Lottie if you have no advice other than patronising insults then leave the thread, you're making huge assumptions and are quite simply talking out of your arse.

Sorry to all the reasonable posters, I hate keyboard warriors.

Yes Stiff, she does have a will written by a solicitor but I'll pass on all the advice and see what she says.

OP posts:
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