Contesting a will

[namechanger0987]

So, there is more to this story but tried to pick out relevant bits so it's not too long.

Dad had MS and poor mental health. (Signs of dementia, assessment was requested but waiting list was very long) I was only carer.

Dads sister hasn't seen him for years. Suddenly turned up last year for 2/3 months.

He recently passed away and I have found out that while she was in contact with him last year she has had him write a Will stating that she is the executor, she gets his whole estate and me and my sister get nothing.

It also has a statement saying that we (his kids) have been stealing from him, have trashed his house and some other things and that's why he is changing his will. Obviously all completely untrue.

His sister has made no contact with us in regards to funeral or his house or estate. We have dealt with coroner, funeral director etc and we have all the keys to his house etc. She is absolutely bat shot crazy so I am fully expecting that she is cooking up a plan before we hear from her.

So has anyone had any experience of contesting a will that has clearly been manipulated and do you have any advice?

You need to get yourself a solicitor and get professional advice. Contesting can be very messy, take years and end up in court.

Who were the witnesses to the will? Who drew up the will? It’s a sufficiently clear cut case that it would be worth fighting but it’s not easy. Also, are you in England/Wales? Rules are different elsewhere.

Check the small print on your home insurance policy. If you’re very lucky you might have legal expense cover that covers probate disputes.

Also in very straightforward cases like this you might be able to find a solicitor to take it on on a No Win No Fee basis.

Based on what you have written here it seems like you have a case that his sister exercised undue influence (i.e. she coerced him into changing his will). You need to consult a solicitor who specialises in contentious probate.

Thank you for replies. The Will was witnessed by the paralegal and the apprentice.
It has nothing else in the will apart from a line to say sister gets everything, which I'm hoping will go in our favour as it's clearly not a 'thought out' will. The statement that has been written stating why he has changed it is all lies and we can prove it. Eg. Saying she has looked after him yet phone records etc will prove she has had very little contact, specialists always make notes of who attends appointments with him.
Saying we borrowed money that we didn't return but we have bank statements proving we did.
Sister has clearly made the solicitor appointment, filled in the questionnaire forms and I would be 100% confident to bet that she attended the appointment with him as well!
I don't understand how solicitors are not obliged to make more enquiries and question people making wills like this!

I told every single professional person that this is what she was after last year but nobody would listen. I raised police reports, safeguarding concerns, spoke to his dr and nobody has done anything!

We have a solicitors appointment later in the week but I just wanted to ask if anyone had experience as google seems to think will contesting is extremely complicated and difficult to win

Also, not covered in insurance unfortunately. It's the one thing it doesn't cover (typical!)
I am going to look at no win no fee though as there seems to be lots of solicitors offering it.
This makes me feel like there must be lots of people who do win as they wouldn't offer no win no fee if it was risky.

It's not even about the money, it's just that it's our family home and childhood memories and possessions etc. They mean nothing to his sister (except cash) but everything to us.

I can recommend a very good and honest solicitor who dealt quickly and efficiently with a complex will situation I had. I was recommended to her after I was taken for a ride by a previous solicitor.
Pm me if you want her details.

No direct experience but view ms and lack of previous contact it should make things less complicated. Sadly this sort of thing not as uncommon as it should be

We have spoke to a solicitor now and she is going to do some initial research to see if she thinks we have enough evidence and a good enough case to be worth going ahead with a challenge.
The bitch has changed the locks on his house so we can't even get in to get him some clothes to wear for his own funeral! I never ever thought I would be in this situation, it's absolute shit! I just want to grieve for my Dad and give him an amazing send off.
She is also refusing to let us pay for the funeral from his estate so we are having to do it as much on a budget as possible as both my sister and I have just moved house so money is tight.
She hasn't bothered with anything apart from collecting his death certificate so she can get her hands on his money and his possessions.

Don't pay for the funeral. That comes from the Estate so let the funeral director send the bill to her as executor.

As per PP - executor pays funeral costs.