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Original poster

beneficiary Of a will… will they contest it all the way !

74 replies

Lifesforloving1 · 10/04/2022 18:13

Evening,
I am looking for some advice.
My Gradma has recently passed away, it has been a massive shock but she left myself and my sister her house- as you have probably heard before family members are not happy ( her blood children ) I completely understand where they are comming from, but this was her wish and it’s been put in her will ? With two witnesses present ( one being a solicitor ) also a little write up, saying this was her discussion ect ect …. I have been getting nothing but nasty text messages, phone calls and voicemails. It has really upset me ! ( asking me to do the right thing ??? )
I have been my grans career for years- ( they are saying we made her do it ) which upsets me even more. I haven’t responded to any of there nasty messages.
2 days ago probate was started, it has now been stopped my my uncle as they are saying it’s being contested. I’m so stressed with it all. Is this the start of it being contested ? I’ve heard it costs a awful lot of money ? But who knows ??

OP posts:
VanGoghsDog · 10/04/2022 18:15

They don't have any grounds to contest. Also, they have to pay their own legal fees.

If it goes to court you'll have to defend it, but it's unlikely to get that far, they're just bullying you.

Palavah · 10/04/2022 18:16

Are you in England?

AndAsIfByMagic · 10/04/2022 18:17

Let them do their worst. A solicitor will tell them they are wasting their money.

BlanketsBanned · 10/04/2022 18:19

If thats what she wanted then her wishes should be respected. Who was the Executor of her Will. Let them waste their money contesting a valid Will you dont need to do anything. Dont answer their texts, keep them though in case a solicitor wants to see them. Which parent of yours is involved. I would block them on your phone.

LuluBlakey1 · 10/04/2022 18:20

Let them get on with contesting it. It is her will, her estate, was made properly, by a solicitor and explains her wishes.

Unless she was:
a)not of sound mind when it was made ( the solicitor should have satisfied his/herself that that was not the case)
b) unduly influenced and pressured into making the will by you and your sister in your favour (same as above)
c) her children were already supported by her, are unable to support themselves (disabled, unable to work and were looked after and supported by their mother) and could therefore reasonably be expected some in inheritance

it is likely to go absolutely nowhere and cost them a lot if money to contest it (several possibly tens of thousands) .

Let them get on with it.

Original poster
Lifesforloving1 · 10/04/2022 18:22

@BlanketsBanned
My mum is named as the executor.
Yes, I will do. Thankyou.

OP posts:
Easterisoffeggstooexpensive · 10/04/2022 18:24

Block and ignore. Sorry about your dgm.

BlanketsBanned · 10/04/2022 18:24

Is your mum threatening to contest the Will too.

Original poster
Lifesforloving1 · 10/04/2022 18:25

@LuluBlakey1
Thankyou ! We did not know a thing…this being a massive shock.

OP posts:
Original poster
Lifesforloving1 · 10/04/2022 18:26

@BlanketsBanned
My mum is the executor of the will… myself and my sister have been left the estate .

OP posts:
TeacupDrama · 10/04/2022 18:27

How does your mum feel about it? as she is executor are they likely to make her life difficult too. was your Mum left anything and is your mum happy with the will or does she wish it was different not because you don't deserve it because of being carer but because she doesn't want to handle the agro which is understandable but legally as executor she has to enact will if she thinks it will be too problematic for her because of rest of family she can resign as executor and let solicitor do it

Original poster
Lifesforloving1 · 10/04/2022 18:29

@BlanketsBanned
Very shocked, but Is carrying out my grans wishes. It was made in 2018.

OP posts:
Original poster
Lifesforloving1 · 10/04/2022 18:33

@TeacupDramaVery shocked, as everyone is ! but Is carrying out my grans wishes. It was made in 2018.
I’m going to block and Ignore massages !

OP posts:
Zilla1 · 10/04/2022 18:36

If in England and Wales then -
Can - yes.
Likely to succeed - it depends. Harder if a solicitor was involved and you were unaware. There are some grounds like capacity and reasonab;le expectations but may not be an issue.
will - up to them.

Good luck.

If no prospect of success then it may be more a tactic to get you to do a Deed of Variation. If you don't want to give in and rather respect your DGM;s wishes, just refer them to the executor and the solicitor if the solicitor who drew it up is involved in the execution.

Zilla1 · 10/04/2022 18:37

And if you want, the next time they suggest undue influence, get them to put it in writing if they dare.

NeedleNoodle3 · 10/04/2022 18:40

Are there other grandchildren?

Soontobe60 · 10/04/2022 18:42

Keep all the messages you’ve been sent. Then do nothing. Because they’ve started proceedings to contest the will, this is going to take a long time to sort.
What you could do is to agree to a nominal amount of money from the sale of the house to go to those who are contesting it, because that will show the courts that you’re not being unreasonable. However, if it were me, I’d tell them to sod off!
Also, make sure you see a solicitor! If they lose, which they most likely will, they will have to pay your costs.

Zilla1 · 10/04/2022 18:45

Also if they have no prospect of success then they will need deep pockets and a hand kerchief for the eye watering costs.

Again, if they make any assertions about undue influence then get your DM to put it in writing as 'she'll need some written statements to justify changing the distribution'. Always helpful to have some ammunition in your back pocket if they are unwise enough to continue to make unwise assertions.

RedHelenB · 10/04/2022 18:45

Seems unfair on the face of it so I can see their pov.

Saintofsanto · 10/04/2022 18:48

It's a long shot but if they go on a no win no fee they may take it far. Do get proper advice and try to push as much of the cost onto them as possible.

alwayswrighty · 10/04/2022 18:51

@RedHelenB who people choose to leave their estate to upon death is entirely their choice, and the living should respect their choices.

Nothing brings out greed better than death.

Eddielizzard · 10/04/2022 18:53

I would not engage. Seems your granny had the measure of them and that's why she left her estate to you. Esp as you were her carer. The best thing you can do is honour her wishes. Your family members have absolutely no right to bully you like this. So sorry for your loss, and for this awful ordeal

Motnight · 10/04/2022 18:53

@RedHelenB

Seems unfair on the face of it so I can see their pov.
Why is it unfair that an elderly lady's wishes are fulfilled?
Unsure33 · 10/04/2022 18:56

Yes keep all messages and let the solicitor know who drew up the will "

I had an uncle who made a will years ago and left me more than his other nieces and nephews . I had no idea until he died but before he passed I was the one who he trusted to deal with all his finances and selling his house when he had to go into care . I dealt with everything so I did not feel guilty tbh.

HollowTalk · 10/04/2022 18:58

I think it was a bit unfair for your mum to have to be executor when she wasn't inheriting anything. How does she feel about that, particularly given all the aggravation now?

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