Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Legal matters

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

Original poster

beneficiary Of a will being contested…

27 replies

Lifesforloving1 · 09/06/2022 06:42

Morning,
I am looking for some advice please…
my lovely nanny died in march this year after being poorly for 2 years after her stroke. With great shock she has left her house to myself and my sister.
as you can imagine her blood children ( my Aunty’s ) and FUNMING about this.
amd have told me and my sister they are going to contest this and we deserve nothing.
my nans will was changed in 2018 with a solicitors present and her house. Going round to see her on two visits. My Nan also gave reasons for changing her will which has been written on the solicitors notes. Because she had a stroke 1 year later - they are saying she was not in the right state of mind ect ect. And that she was made to do it ! Which upsets me even more.
I have been getting nothing but nasty texts , and phones from them. They have been in touch with the solicitor and have paid to see the will. And are now asking for nhs records. This is really upsetting and worrying me as I have done nothing but love and care for my Nan for over 5 years with no payments wanted whilst her blood don’t see her from one week to the next. Can you see this going very far ? The solicitor said that the will is completely fine and we have nothing to worry about. Are they just wasting there money and time ?

OP posts:
Biishbaashboosh · 09/06/2022 06:54

Have been in a similar situation. They are lashing out but if solicitor is adamant she was in sound mind and the fact the stroke was a year later means they're throwing their money down the pan and causing a lot of extra heartache!

jackstini · 09/06/2022 07:05

Sorry for your loss Flowers

It sounds like they are wasting their time from what your solicitor says, but they are lashing out as they're angry

Are they more angry at not getting the house/money, or at the reasons your Nanny gave?
Did they have a good relationship with her and you/your sister otherwise?

This is why people are always advised against relying on inheritance!

ChiswickFlo · 09/06/2022 07:08

Delete and block

Leave it to the solicitors

Foolsrule · 09/06/2022 07:16

If it’s all recorded officially and the solicitor noted reasons for the change then it is absolutely sound. Also, it costs a fortune in the first place to contest a will so they won’t go anywhere with this. As a pp said, block them all.

custardbear · 09/06/2022 07:17

Sounds like your nanny knew they'd be difficult! Good luck

Neverendingdust · 09/06/2022 07:30

It’s funny how people change when money is involved, it’s the best for coaxing out true colours.

Mindymomo · 09/06/2022 07:31

Your Nan did the exact right thing in adding reasons why she’s done what she has, so doubt anything can be done. Just because she had a stroke a year after definitely doesn’t mean anything, they are trying it on. So sorry for your loss and for you and your sister to have to go through this, it’s a shame she didn’t tell anyone her reasons. Unfortunately people turn nasty when money is involved. If the Solicitor says don’t worry then take his advice. I wish them luck in getting anything from the NHS.

Foolsrule · 09/06/2022 07:33

Rereading this, I’d be tempted to report them for harassment too! How nasty!

Hurstlandshome · 09/06/2022 07:38

Send them a message making it very clear that you do not want to be contacted by them again. If they do, send them a cease and desist. If they contact you after that report them for harassment.
What a horrible time for you. Sending my condolences.

pilates · 09/06/2022 07:40

Block and delete.
It is very costly and lengthy to contest a will and in the circumstances you have described they don’t stand a hope in hell of winning.
I’m sure once they are told of the financials involved you won’t hear anything further.

prh47bridge · 09/06/2022 07:49

It is entirely up to them how far they go with it, but a stroke one year after making the will is completely irrelevant. It doesn't show that she lacked testamentary capacity when she made the will. An allegation of undue influence won't get anywhere without evidence. On the information you have posted, they are wasting their money and time.

Thecatsatonthewalls · 09/06/2022 08:05

@Lifesforloving1
I could have written this a few years ago.
The solicitors judged your Nan had capacity on the day she changed her Will and the forethought to state reasons for doing so - thats all that matters.

The only thing that could support their claim is if they had a reasonable expectation as a dependent, either as a child or as an adult that e.g. gave up work or property to care for your Nan.

In my case, their Solicitor advised them to give up any claim, High Court action to over turn a Will is terribly expensive, min 100k.
Based on what you've said, similar will happen to them.

Let them waste their money, don't engage in any legal tit for tat letter writing, unless you have too.

wwyd2021medicine · 09/06/2022 08:24

Ignore.
As others have said, it's clear she had testamentary capacity at the time of writing the will. It will be too costly for them to pursue and that's if they can find a solicitor who would take it on. Contesting a will is a specialist solicitor I was told and they will be £££ from the off.

Looca · 09/06/2022 08:47

My daughter and her husband are very likely to try the same thing with my will. They constantly complain if I spend my money on any luxury for myself. I'm told that I and spending her inheritance. I have given them thousands of pounds over the years , money towards there first house, payed council tax, payed gas and electricity bills. I've often payed for there food shopping , payed for everything when they had their first baby. They turned on me when I started to withdraw and stand up for myself because I was feeling so used. I haven't seen them or my granddaughter since.
I have now changed my will and left everything to my other daughter. I know. They will try to fight this so I have made sure I have a strong will made by a solicitor like your Nan did.
It sounds like your Nan knew what she was doing . Wise lady .

stratforduponavon · 09/06/2022 08:59

A relative was in this position with the deceased peron's children from different fathers fighting the will and he said the funding for the legals was taken out of the overall estate and it reduced the overall amount by 50%.

Is that true. Can a child challenge a will? I dont think he is right btw because in that case any close relative of the person who has died can chance their arm knowing the estate will pay!

sunglassesonthetable · 09/06/2022 09:06

my condolences to you OP.

I would trust your solicitor. Sounds like your Nan was a wise woman. And did it all properly. And obviously very grateful to you for your love and support.

Leave them to it. They'll be frothing and furious and sending you texts "Not of Sound mind" etc blah blah. But until you hear something from an actual solicitor I wouldn't worry. It's all intimidation.

Like I said trust yours.

NewMN · 09/06/2022 09:14

Wow, they sound angry. Not your problem though OP. I hope they back off when they realise they’re wasting their time!

wwyd2021medicine · 09/06/2022 09:30

Afaik they pay unless it gets to court and they win - vanishingly unlikely here. I believe they also have to pay costs of the person 'defending' too if they lose in court.
It's a non starter and they are harassing.

onlythreenow · 09/06/2022 09:50

I would be asking the solicitor to send them a letter telling them to stop sending you nasty texts and phone calls. If they want to contest the will (and waste their money on fees) then they need to do it through the proper channels. The fact that your Nan had a stroke a year after the will was written means absolutely nothing. I went through my mother's will being threatened with being contested, and they didn't go through with it in the end as it was made very clear there was no way they could win, but it is upsetting and held everything up by over a year.

FrazzleDazz · 09/06/2022 10:06

We had a similar situation when my DF passed away, will altered but done without any family involvement, in the presence of a solicitor and POA. We were not aware of any change until after he passed away. All it bought was immense heartache and stress in an already horrendous situation, and the person who challenged didn't get anywhere. If your Nan did as you have said they will have very little grounds to claim. As for the immediate problem of being contacted by them, I'd simply respond saying you don't wish to discuss further but they are welcome to contact through a solicitor, if it continues just block them for now.

Zpoa · 09/06/2022 10:31

@Looca I'm so sorry you was treated this way by your own child. Bloody awful.

Original poster
Lifesforloving1 · 09/06/2022 15:33

@Looca My heart goes out to you ! So sorry to hear you have been treated so badly. How awful. x

OP posts:
Looca · 09/06/2022 15:51

Thank you 🙏

Hadalifeonce · 09/06/2022 16:09

My sister has left her daughter out of her will, the amount which would have gone to her, has been left to her DS, my sister's GS.
The solicitor advised writing a letter to explain the action, to ensure there are no grounds for the will to be contested.

BruceAndNosh · 09/06/2022 16:15

You mentioned your angry aunties, what about your parent their sibling?

Swipe left for the next trending thread