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Challenging a will. Can our solicitor put an injunction on before probate is granted?

32 replies

samanthawashington · 21/01/2021 21:43

Probate is taking 6 months + and we would like to cut the time span down by asking the solicitor if he can put an injunction on before probate is granted.

My relative is challenging the will of their late spouse.

OP posts:
FrangipaniBlue · 22/01/2021 22:18

@samanthawashington in my case I had no grounds for challenging the will, but I really hope there is something your relative can do with the property being her home!

Good Luck Smile

FrangipaniBlue · 22/01/2021 22:19

His home I meant!

prh47bridge · 22/01/2021 23:17

I realised earlier this evening that I'd got the sexes wrong and the wife had died. However, the principle is the same. He is entitled to at least as much as he would have received if the marriage had ended in divorce.

supportivemyarse · 23/01/2021 12:12

@prh47bridge that's fine, I'm bulletproof Smile.

A huge drip-feed from the winking OP there. Families eh.

dontdisturbmenow · 23/01/2021 12:52

When I read threads like this I really wonder the point if having a will when married if ultimately you can challenge it all in the basis of the marriage.

Relative has no intention of fighting it out in court and wants to mediate giving the girls their 80% but to remain in the house until death or downsize
If they want to remain in the house, they are ultimately asking for more than what they'd get through divorce as most likely, with no young kids, the house would be expected to be sold and assets shared.

This woman was able to buy outright so either through inheritance herself, divorce and share of assets of previous marriage or bloody hard work.

Understandable that she wouldn't have out him on the deeds at the start of the relationship. But after marriage, years together and him investing almost 50% if the initial cost, it's very odd that she still wouldn't have done so in latter years.

Odd that she went and got a will without telling him, that was detrimental to him, and that she lied about having one all together.

These are not the actions of a wife in adoration of her husband at all. It sounds like she wanted to repay him for his investment but leave all her assets to her daughters, yet that wish will be denied in her death.

I think that's terrible and so hope the girls win, not because they deserve the money more than him but because this was the wishes of their mum.

Why can't he respect that? The will was written 3 years ago, not 10 years ago when they'd just met.

samanthawashington · 23/01/2021 13:06

@supportivemyarse Excuse me, the drip feed comment is completely unnecessary as this is not AIBU or relationship. The information behind the question is totally irrelevant. The initial post is quite clear.

Can an injunction be applied for before probate if a will is going to be challenged.

The answer is yes. That's all anyone needs to know. That's all I asked.

@supportivemyarse Your reply is incorrect, makes assumptions based on zero information and is completely unwanted on a legal advice page. I am not engaging with you.

OP posts:
samanthawashington · 23/01/2021 13:33

[quote samanthawashington]**@supportivemyarse Excuse me, the drip feed comment is completely unnecessary as this is not AIBU or relationship. The information behind the question is totally irrelevant. The initial post is quite clear.

Can an injunction be applied for before probate if a will is going to be challenged.

The answer is yes. That's all anyone needs to know. That's all I asked.

@supportivemyarse Your reply is incorrect, makes assumptions based on zero information and is completely unwanted on a legal advice page. I am not engaging with you.

[/quote]
My last reply was aimed at @dontdisturbmenow

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