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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

have question about brother contesting our mothers estate

28 replies

masterofdoomv1 · 13/02/2022 14:49

Our mother passed away last year after a long illness this brother did nothing to help and because of this i was left her house which she owned. This brother is now contesting the will claiming because our mother was in ill health i manipulated her to leave myself house and says he wants half and has seen lawyer. He claims that if hes successfull he will charge me rent for his half of house which would be £300 a month and this would be backdated to when our mother passed away i just feel hes a bully and wants everything his way and is devious on how he goes about things.

Because of this im wary that people will see his side as he can be convinsing and i wouldnt have the money to pay the much in rent in month specailly if its back dated im also wary that he would be able to come in the home at anytime he likes as half would be his and throw his weight about. My question is as im on esa and if he gets his way and we both own half of the house would benefits actaully pay rent for his portion of the house?

OP posts:

MaChienEstUnDick · 13/02/2022 14:55

Disclaimer; I'm not a lawyer. As I understand it, anyone can contest a will but that doesn't mean he'll win. Even if he successfully contests it, it also doesn't mean he'd automatically get half either. The court then decides who gets what.

I'd do nothing until you hear from his solicitor, don't be bullied into giving anything up - that's no doubt what he wants. Just disengage.

Sorry about your mother.

Original poster

masterofdoomv1 · 13/02/2022 15:02

i understand that anyone can contest the will but he didnt have a relationship with our mother for 18 years although i had kept him up to date about her health and a couple of times i had asked for his help but was told to wind my neck in and stop playing victim he was told several years ago our mother was in hospital after she had a stroke yet showed no interest didnt go visit. The first contact that was made was 2 years ago when he himself started having health issues and his partner contacted me on fb asking me to get our mother to phone brother which i did and she did phone him but before that he couldnt care less about her and did nothing to help seems strange now im being made out to be the bad guy

OP posts:

MaChienEstUnDick · 13/02/2022 15:05

And if you are able to evidence any of that then he won't be successful in contesting the will. I know it's hurtful but that's the bit you have to let go. He's not a very nice person, doing what not a very nice person would do. Let him crack on, don't engage with him. I imagine he wants you to give him money to make the whole thing go away, don't do that. Block him and continue to enjoy your home, as your mother meant for you to do.

Original poster

masterofdoomv1 · 13/02/2022 15:08

thanks for the advice i just wish it was over i hate this hanging over my head not know whats going to happen

OP posts:

TopCatsTopHat · 13/02/2022 15:09

I would gather anything together that shows he had no relationship with her for an extended period of time. Any friends who your mum talked to who heard her talk about this?
If it is clear the his absence from her life predated her illness by some way it will be much harder for him to argue the will was coerced out of her by you.
Also contact the solicitors who arranged the will. They will have discussed her choices and they're will have been witnesses who signed it.

TopCatsTopHat · 13/02/2022 15:09

I presume and hope he doesn't have a key so can't come on and take things that would make it look like he'd been close /seen her regularly?

Crumbs22 · 13/02/2022 15:10

I am sorry for your loss OP. As was said, he can contest whatever he wants. I'm not a legal expert either however, I do agree that you just ignore and wait to hear from his solicitors if he really wants to. He's just trying to intimidate you in the meantime. I thought that as long as the Court is satisfied your mother's Will was correctly written and witnessed etc, then it was legally binding and will be upheld. You can also show the lack of a relationship between your mother and brother over the years.

Original poster

masterofdoomv1 · 13/02/2022 15:12

the lawyer who made the will is the one who is helping me with mothers estate my mother told him when will was made there was no relationship when she made will thats why i was to get house as i had been there for her there was also two independant witnessess who the lawyer brought with him to sign will to say mother was of sound mind and she knew what she was doing i also have a cousin who my mother was close too who will back up what im saying

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Original poster

masterofdoomv1 · 13/02/2022 15:14

he doesnt have a key crumbs which im thankfull for i wouldnt put anything past him

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ChampagneCommunist · 13/02/2022 15:16

He will need evidence to prove she was manipulated. Which, if he had no relationship, he won't have.

The only other claim would be if he was a dependent.

I'm assuming you are in England - things are different in Scotland. And I'm an English lawyer, not qualified in Scots Law

MissyB1 · 13/02/2022 15:19

Doesn’t sound like he’s got a leg to stand on. I know it’s horrible but try not to worry too much, I don’t think he will get very far with this.

CharacterForming · 13/02/2022 15:19

That sounds like you've got a good case to demonstrate that your mother made the choices she made for good reasons. Try not to worry too much.

If your DB contacts you again making those threats then tell him that if he wants to waste his money on legal actions then that's his choice, but there are several reliable independent witnesses who would willingly testify to your DM's state of mind and the reasons why she freely made the will she did.

Original poster

masterofdoomv1 · 13/02/2022 15:20

im in Scotland mother had savings of £27000 this brother was told that after fees the money was to be divided equally between all of her 6 children who are adults he got photos which he had asked for as well as some of mums jewellery and was told that if he wanted anything else to ask but this was done through lawyer so he would get a few thousand but apprantly thats not enough hes decided to be greedy and want as much as possible and he wasnt dependant on her he works full time as does his partner

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RandomMess · 13/02/2022 15:22

The fact that your DM left her money split equally goes in your favour because he was recognised in the will.

He is just a bully and very jealous/bitter (both?).

Original poster

masterofdoomv1 · 13/02/2022 15:24

i think jealous and guilty probably because he knew he had done nothing and wants to make me look like the bad guy

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SeaToSki · 13/02/2022 15:25

If you are worried he will harass you, then go and chat to the local police station and explain. They can set you mind at rest and also put you on a domestic watch list so that if you do need to call for help, they will come extra quickly.

MaChienEstUnDick · 13/02/2022 15:26

The fact there's six children - surely if he got the will overturned (which he won't) the other children would have a claim too? He really is trying to intimidate you OP, stand firm. I know it's horrible but keep your chin up.

MaChienEstUnDick · 13/02/2022 15:27

@RandomMess

The fact that your DM left her money split equally goes in your favour because he was recognised in the will.

He is just a bully and very jealous/bitter (both?).

In Scotland, all children are entitled to a share of the moveable estate no matter what the will says.

Original poster

masterofdoomv1 · 13/02/2022 15:28

ill do that sea as i wouldnt put anything past him he claimed after our mother died that the rest of brothers refused to deal with me everything had to be done through him i recently got in touch with a brother online he claims hes never had any issues with me and this is the first he knew anything about it thats what i mean when the brother whose contesting the will is devious in how he goes about things

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Tempusfudgeit · 13/02/2022 15:30

Why does he think he can get half the house when there are 6 children? He's bluffing.

Original poster

masterofdoomv1 · 13/02/2022 15:30

random i would have no issue with brothers getting a share of her savings but why should i lost my home that ive lived in for 20 years after looking after our mother when the rest of brothers did nothing surely our mother should have a say on what was to be done with her house rather than the law and people who were never there getting to decide and making demands

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Original poster

masterofdoomv1 · 13/02/2022 15:31

hes greedy temp just sees the money signs

OP posts:

Crumbs22 · 13/02/2022 15:32

@masterofdoomv1

Please talk to your solicitor about any potential legal options/issues and make sure you take reasonable precautions to be safe OP.

RandomMess · 13/02/2022 15:33

I never said they should get a share of her/your home?

Original poster

masterofdoomv1 · 13/02/2022 15:34

i will crumbs ill contact lawyer tomorow i appreciate the advice people im going to try and take my mind off this try and watch a comedy or something thank you

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