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Contesting a Will

52 replies

Juststopamoment · 16/08/2020 16:25

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.

OP posts:
JamieLeeCurtains · 19/08/2020 21:49

@Lightline

You can contest and should as you have a good case of the children are dependent ie under 18. Even with the trust fund the money can be advanced to you for their maintenance and benefit. Even though you are out of time you may get permission. I would take initial advice from a solicitor
Contesting a will and applying to a trust fund for monies for the children's benefit are two separate things.
dontdisturbmenow · 20/08/2020 07:47

The father didn't put the money in the trust, the brother did. It sounds like he sought legal advice to ensure OP couldn't context.

The brother has full control of the Trust. It might very well be that they would agree to pay for things that would directly benefit the children, just not a lump sum to go to OP to spend as she seems right.

As said, they might all be bastards, or they had a good reason to act as such. Ultimately the kids will get the money and doing so at 21 is not a bad thing at all.

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