Probate contested after everything was paid out.

[Nanatokidsdogshampsters]

My DM died in May. She left a will with me as executor.
There was only cash in the estate. It was divided as I received 50%
and my children had 25% each.
She did an updated will after my father died in 2006.
This was via the family solicitor. She went on her own to sort it.
She left a handwritten letter with the solicitor that her son (my brother)
was NOT to receive a penny after showing her and my late father a lack
of respect.
Probate was granted in November and all monies have been paid out.
My brother has contacted me to say that he is contesting the will and is
classing it as illegal. Because in my late fathers and mothers old will left
money to him.
Brother didn't speak or see father for over 2 years before he died.
Only turned up 20 minutes before he died.
Since his death he did visit mum every 2 months but when anything needed
doing such as house maintenance, shopping, personal care etc.
The last 2 years of mums life she was in a care home but was in full control
of her mind.
Mum always insisted that she didn't want him to benefit.
Mum told me that she had told him about the change of will.

Do you think he is just bluffing. I will wait for a letter as him and I don't speak.

Thank you for reading this long post. Any advice or experience will be gratefully received.

Unfortunately he is within the period where he’s allowed to contest the will, and if he wins the money would have to be repaid by the recipients.

Is there a will that says you and your DC inherit the whole estate?
All the other stuff about how often he visited is irrelevant?

Was the handwritten letter to solicitors signed and dated?
See if you receive any legal letters or letters from your brother and then seek legal advice if you do.

If the will under which you inherited was your mother's latest one, then it should have the proviso that it supercedes all previous wills that she made; so the one under which he is claiming is invalid. And your mother, in full possession of her faculties, left a letter stating why he wasn't to be given anything.

He can crack on. Contesting a will sounds all well and good in a TV drama but tends to be very expensive in RL.

Caveat IANAL.

If her latest will excludes him, I doubt whether he will win a claim, especially if the solicitor holds a letter explaining her decision, it is virtually certain he will get no where.
I say this, as my sister has done exactly the same thing with one of her children, and her solicitor told her the letter would be the deciding factor if the child does contest.

Will add that your mother was either very sensible or very well advised to add a letter with the will explaining why DB was excluded from inheriting.

This letter was not a codicil but left with the solicitors.
I only found out when I collected the will to do probate.

My parents knew someone who tried to contest a will under similar circumstances. Never had anything to do with his parents unless he wanted something and was abusive when he didnt get it. Fully expected a nice fat inheritance and went completely barmy when he was given a token amount (I think it was £100) and it was noted why in the will. He saw lots of different solicitors and they all advised him that it would be very expensive and would in all likelihood fail. Of course all the solicitors were wrong in his opinion and he kept trying. Dropped it in the end as his perfectly reasonable suggestion that the solicitors would be paid when he won the case was rejected by them all...... can't imagine why....!

Have you spoken to the solicitor who drafted the will to get their advice?

If he wins the money would have to be paid by the executor (i.e. the OP), not the recipients.

@Nanatokidsdogshampsters It isn't entirely clear if the estate was distributed in accordance with the will or if the letter was regarded as superseding the will. As the letter was not a codicil or a new will, it has no legal effect. However, if your brother was not left anything in her will, the letter may be useful to explain why he was cut out should this go to court.

Your brother can class the new will as illegal all he likes. It won't get him anywhere unless he can show that it was invalid (e.g. your mother lacked capacity when the will was made, or there was undue influence). The fact that he was left money in your father's will and in your mother's old will doesn't stop your mother making a new will cutting him out. However, if your father's will left your mother a lifetime interest in anything (his share of the marital home, for example) with your brother getting a share when she died, he must receive that share. Your mother's will cannot override that.

He may have a claim under the Inheritance Act. However, as he wasn't dependent on your mother at the time of her death, a claim is only likely to succeed if he is seriously struggling financially.

If her will was correctly drawn up and signed/witnessed etc. then he can just jog on. Her will can only be challenged within 6 months of probate being granted (so still in time) but there are limited grounds for challenge. The additional letter regarding her son is also evidence of intent.
He was financially dependent on her
he was a minor
she was not of sound mind
she was coerced into writing him out of the will
She had promised to leave him xyz in the will if he fulfilled certain promises, such as caring for her in her old age (proprietory estoppel) and had broken that promise.
None of the above are true, so he has no grounds.
look at the Inheritance Act 1975 and you will see the grounds to contest. Being a child of the deceased is not grounds unless ^^

Just been through 2 years of this shit so I know from experience. It is also massively expensive!

Hi @Nanatokidsdogshampsters
If your brother is aware that your Mum has left instructions with the solicitors not to give him anything, then i think he's just angry and probably won't take any action.
He should respect your Mum's wishes.

He was a child of the deceased. He can therefore make a claim under the Inheritance Act on the basis that the will has not made reasonable financial provision for him. The fact he was not a minor and was not financially dependent on her is irrelevant. I am not saying such a claim would succeed. But, as we saw in Ilott v The Blue Cross and others, the courts may make an award if he is in serious financial difficulties.