Contesting a Will

[Juststopamoment]

My ex died. We had two children together. His Will left everything to his brother who then put the money in trust for the children until they are 21. The children were not mentioned in the Will. There is a further £18k that the family is holding onto saying that only they will spend it on the children for things they need and none of it will come under my control. Can I take the Executor (he is the same brother who the money was left to) to court because no provision has been made for the children in their daily lives? They get a combined amount of £50 a month from my ex’s pension and that’s it. The rest is all me. Just to add my ex was an addict and a liar and I’ve taken his mother to court for making false allegations about me and following me and the children down the street when I was taking them to school. They are a hideous family. How much is this likely to cost? Can it be done in two hearings? Thanks.

From what I've learned from others who have, contesting a will is very expensive, takes ages and ages, and very often fails.

The first thing you need to do which is very low cost is get a copy of the will from the probate office, if you haven't already?

Just to add he died 3 years ago so I have a copy of the Will.

You're out of time if probate was granted more than 6 months ago. Unless you're just over the 6 month time limit (sometimes permission id granted to bring a claim out of time) I'd forget it. At the end of the day your kids will get it at some point.

Waiting three years to contest doesn't help your cause, I'm afraid, especially since the funds have already been distributed.

I can see why you are angry as he is forcing you to pay for everything for the kids on your own before they are 21 when he could have helped pay for his own kids' upbringing

It's going to your children anyway, so what difference does it make? The brother could of kept it all but hasn't and has put it in trust funds for them and has said he will spend the rest on things they need.... a lot of people would of just kept that money for themselves, his family don't sound hideous to me.

Yes but I was wondering if it’s still possible after this length of time. Exactly Julmust
So Nymeriastark1 * you think it’s ok for the children to grow up in relative poverty while they use the £18k to keep their relationship with them? You did read what they have done to me? The emotional abuse I suffered during that time was horrendous and yes they are hideous.

Contesting a Will is very expensive, the money will ultimately come to your dc I know it does not help you now but the brother didn’t have to put the money in trust for your dc at all as it was left to him.

Have they spent any of the 18k on the dc? they could buy stuff like school uniform, computers, bikes. If they will buy stuff like this that benefits your dc it will also ultimately benefit you.

You wouldn’t be contesting the will, (too late for that and no real prospects of success) you’d be contesting the actions of the trustee in implementing the will.

The eighteen grand sounds very dodgy and maybe open to challenge unless it was specified in the will (not clear from your OP), but the trustee refusing to pay out living costs from the rest is a trickier fight and although it’s not my field my gut instinct is that it’s not worth challenging unless you were in really desperate need of the money: in danger of eviction etc.

@Juststopamoment you said the 18k will be used to buy things they need. I'm assuming that means clothes, school essentials etc. Things they need so you don't have to buy it. You need to maybe look at this 18k as maintenance you would of got to buy these things if he was still alive.
Citizens advice states that your children wouldn't get their inheritance from his will until they are 18 anyway. Yes his mother hasn't treated you right but at least they're spending the money on your kids and not keeping it. They obviously care for them. I think that's what's important here. Your kids are the ones benefiting from this situation.

There's no indication at all that they will spend it on what the children NEED though

They could just buy them a load of crap and an ice cream when they go over

Ok so it’s not worth contesting. My relationship is so bad with them that I wouldn’t go cap in hand asking them for the children’s money. That’s what they want. Some control over their grandchildren. So basically the money will be there and no one will benefit from it.

There just seems to be something very unfair about this whole situation.

Do the children see that side of the family anymore. Unless you want them to they don't have to so you could never have to speak to them again. Unless your children want to

As long as they get it when they are 21 it is ok, people leave this clauses in place even in the best of terms.

I agree however that it is quite nasty to hand the money at 21 if the mum is struggling financially to raise them, by the time they get the money a lot of opportunities for a better future for the kids would be missed.

What does the will actually say? Does it say “everything to my brother X to be held in trust for my children in equal shares until their eighteenth birthdays”?

In that case keeping the eighteen grand would be dodgy and perhaps worth challenging.
Or does it mention the eighteen grand specifically?
Or does it say “to my brother X absolutely” and the thing about the trust for your children was just agreed by them privately - in which case you might be able to challenge the will itself for failure to provide for dependents (time limit maybe doesn’t apply when the beneficiaries are underage but as I said this is not my field).

(Oh sorry, it’s when they’re 21 not 18 but the same questions apply).

www.slaterheelis.co.uk/litigation-dispute-resolution/complete-guide-contesting-will/

You can still contest it.

Nobody on here has seen the will the and exact wording.

I'm always dubious of any advice given out in this topic.

If you can possibly afford to, spend a couple hundred pounds on an appointment with an actual solicitor who can read the will, discuss properly all the circumstances, and give you some proper advice.

There you go - you've already had someone upthread tell you that you can't contest the will, like they know that for a fact and then a quick google says you can, you've got up to 12 years.

My understanding is that if he has left a will, then he had no legal obligation to leave anything to anyone. He was within his rights, if of sound mind, to leave it to charity.

You have no legal claim to that money whatsoever.

Why have you left it three years?

Unfortunately Wishforsnow they took me to court for access and got it because I’m a single parent with oimited means I managed to keep ktbto a minimum but they now have to see them. It was a lovely 2 and a half years without them.

If the children still ex h side of the family, then send them with a list/ or tell them if their old enough what tv year need ie. uniform, shoes, games, console and let them take them shopping for them

Don’t let the children loose out because you don’t get on with them, you don’t need to get involved

If they don’t see them, then when their 18 this money will be added to the other money.
Ok you need money know, but was your ex paying regular maintenance?

At least the brother gave it to his children. He didn’t have to.