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Original poster

Can I challenge my mum's will?

34 replies

Disinherited · 15/09/2017 16:09

Hello.

I am no longer in contact with my mother. We have not spoken for 3 years. When the breach happened, she told my brother she was going to disinherit me. She's always been a bit obsessed with money and had threatened this in the past to me and my brother if we "stepped out of line". She told my brother she was going to leave her estate 50% to him and 25% each to my two children, her GC. They are currently 6 and 9.
If she has indeed done this and died while they were still young, would I have the right to challenge it? Is she likely to have put it in trust for them or something? I ask because it would be around €100,000 between my children (so, €50,000 each). If I could challenge it, I could use some to pay off our mortgage and therefore be able to give them a much better life, but still be able to have them inherit quite a bit. If they were adults, obviously then that's different. Obviously, she could live for years yet, or not even have done this, so it's all hypothetical.
If you challenge a will is it a long, complex process?

OP posts:
PeaceAndLove1 · 15/09/2017 16:19

I'm not sure about challenging it, hopefully someone more knowledgeable will come along. If it was me I'd leave her to it. Maybe try and be thankful she's not leaving it to the cat's home.

Anecdoche · 15/09/2017 16:19

This reply has been deleted

Message withdrawn at poster's request.

riviera01 · 15/09/2017 16:23

I wouldn't challenge it . It's your mums to do with as she wishes irrespective of how your relationship is . I think it's great she is leaving it to the grandkids . Like you say Also they could be grown up by then . Also she might change her will again

Original poster
Disinherited · 15/09/2017 16:24

I'm in Europe (and have no pound sign on my keyboard). She will have made the will in Northern Ireland. I think the best thing would be just to let her do whatever she wants. I was just idly wondering.

OP posts:
Notreallyarsed · 15/09/2017 16:25

With respect, it's up to the person writing the will who their money goes to (assuming they're not coerced and that they have full capacity). If she's leaving money to your children, then it belongs to them, not to you.

Original poster
Disinherited · 15/09/2017 16:25

I don't know what she will do, she may leave it all to my brother. She may even leave half to me in the end if she thinks people would judge her (she's big on things like that). And, as you say, there's no point even finding out as she could change it at any time.
I was just wondering how it works.

OP posts:
Penfold007 · 15/09/2017 16:26

Surely NC means just that and certainly not expecting to inherit from the not dead person's estate. I accept there must be a huge backstory.

Original poster
Disinherited · 15/09/2017 16:29

Huge backstory is the understatement of the century! Thanks for the comments, I think this is going to turn into me looking like a grabby gold digger and I understand why when people don't know about our relationship. I'll just let what happens, happen. I was just wondering.

OP posts:
NewPurrs5 · 15/09/2017 16:30

You cut her off.. why would you accept money in the event of her death?!

Original poster
Disinherited · 15/09/2017 16:31

And I don't expect to inherit, that's the whole point really.

OP posts:
Original poster
Disinherited · 15/09/2017 16:32

I didn't cut her off. If she left money to me I would accept it as I put up with enough from her in life and it would allow me to improve my kids' lives.

OP posts:
Original poster
Disinherited · 15/09/2017 16:34

I was asking because if she died tomorrow with them primary aged some of the money could make our lives much easier and they could still have a deposit for a house.
But, nevermind. Thanks for all the comments anyway.

OP posts:
HorridHenryrule · 15/09/2017 16:39

I had a next door neighbor who left her house to the cats. When she died he contested the will and got the house.

HorridHenryrule · 15/09/2017 16:39

Her son contested the will.

AnchorDownDeepBreath · 15/09/2017 16:41

Legally, in Ireland, you can contest a will if you were dependant on the person when they died; if it wasn't properly signed, or if the person wasn't of sound mind or was under undue influence when the will was made.

You'd need to get a lawyer quickly once the will was read; because they'd need to act before assets were distributed. You'd then go to court and be given a decision on the day of your hearing.

To be honest; it doesn't sound as if you'd have a valid claim - you are not dependent, and there's no suggestion that the will was made improperly.

I can see why you'd want to pay your mortgage off early and use the money to improve your children's formative years; but at least if this is her plan, their later years will be easier.

PigletWasPoohsFriend · 15/09/2017 16:41

And I don't expect to inherit, that's the whole point really.

Then you're whole OP makes no sense to me I'm afraid.

HorridHenryrule · 15/09/2017 16:41

Why would you want to take it from your kids. Let them have it.

Original poster
Disinherited · 15/09/2017 16:47

I don't expect to inherit because according to my brother she is going to leave it to him and my children. AFAIK I will not inherit from her, but my children will.
Yes, if she does that, it is their money. I don't want to steal their money but as Anchor says I can see why you'd want to pay your mortgage off early and use the money to improve your children's formative years

But I do agree that at least if this is her plan, their later years will be easier. It will be a bit towards making up for being such a shite grandmother.

So, I'll leave it there.

OP posts:
PeaceAndLove1 · 15/09/2017 16:50

Although I'm a cat lover, glad the son got the money instead of the cats.

AJPTaylor · 15/09/2017 17:01

I am with you on the keeping the cash if it was left to you!
I suspect that there is chuff all you can do but i just wanted to say i get your drift completely
My dgrandmother was a manipulative old cow who constantly hinted she would leave her money to me instead of my mum and her aunts. We actually had an agreement between us all as to how we would divvy things up regardless.
Needless to say when she finally died we found out she hadnt changed her will in 25 years!

Winebottle · 15/09/2017 17:04

You can't really answer these questions hypothetically. It depends on the facts. You can't say whether the will could be challenged before you've seen it.

The general principle is that you can leave your money to who you want so I wouldn't expect to get anything.

OutToGetYou · 15/09/2017 17:05

If she leaves it to the GC and they are under 18 it automatically goes into a bare trust (unless she has set up something complicated) and the norm is for the executors to be trustees, though sometimes people appoint others.

Flyingflipflop · 15/09/2017 17:07

You said your children are young. If she dies before they reach majority, the money will have to be held in trust for them. The trustees could be the executors or they may be someone else.

The trustees have to use it for the benefit of the beneficiaries (your children). It would be unlikely that paying off your mortgage would be seen as benefit for them, however in theory they could buy your house but then have to charge you a market rent....

MrLovebucket · 15/09/2017 17:07

The money is going to your children, it's not as if your side of the family is being cut out of the will.

it will go into a trust fund and will be a big help for them when they reach adulthood - pay for Uni, a car, deposit on a house etc.

I wouldn't challenge the will under these circumstances. You will probably end up costing the Estate (and therefore your children's share) money if things are delayed.

Golondrina · 15/09/2017 17:14

Thanks AJP. It's all as I thought. It's not something I'm giving much thought to, just that I was talking to my brother about it today. He is very low contact with her out of choice, by the way.

Who knows what she will do. She's always used money like this to divide and conquer and play nasty games, so I think the best I can do is just forget all about it, otherwise her nasty little games acheive their objective.

Thanks for the replies.