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Legal matters

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Original poster

beneficiary of a will being contested….

23 replies

Lifesforloving1 · 27/12/2022 20:23

hi there, I’m looking for some advice please. my lovely grandma died march this year after being poorly for 3 years after her stroke. With great shock she has left her house to myself and my brother.

as you can imagine her blood children ( my Aunty’s ) and FUNMING about this.

and have told me and my brother 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 gran 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 Gran 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 nothing is untoward. They stopped probate for 6 months and have now extended it.
man’s warning letter has been sent to the family member stopping it.
what are you thoughts . Will this go all the way to court. Or will they be advised not too? Has anyone been through this ?

OP posts:

MandyMotherOfBrian · 27/12/2022 20:27

Are you in the UK? And if so, which country of the UK - laws are different across the union so knowing where you are may help PPs to give relevant information.

MandyMotherOfBrian · 27/12/2022 20:29

Oh and where was your Nan/solicitor.
Sorry for your loss 💐

AHelpfulHand · 27/12/2022 20:31

To change or make a will the person has to have mental capacity to do so. Was her mental capacity affected by the stroke, and if so, is it on any records?

AdInfinitum12 · 27/12/2022 20:37

AHelpfulHand · 27/12/2022 20:31

To change or make a will the person has to have mental capacity to do so. Was her mental capacity affected by the stroke, and if so, is it on any records?

I read it as the stroke was after making her will?

AHelpfulHand · 27/12/2022 20:41

Oh hang on…. She had a stroke AFTER the will?

then in England if they cannot prove they were financially dependent on her at the time of death then they will get nothing but a massive solicitor bill!

the problem with this is, is that it can go on for a long time before they find they aren’t entitled to anything.

this can also mean hefty solicitor bills for you too

Princessglittery · 27/12/2022 20:43

Your solicitor is best placed to advise you.

As the will was written 12 months before your Nan had a stroke and she left an explanation for why her will was written in the way it was it is very unlikely they can prove she was not competent to make her will.

I appreciate they are deliberately delaying probate whilst they try to find grounds to contest the will. This will have cost them money and will start to cost them a lot of money.

Trust your solicitor and be patient.

Sugarplumfairy65 · 27/12/2022 20:44

AHelpfulHand · 27/12/2022 20:41

Oh hang on…. She had a stroke AFTER the will?

then in England if they cannot prove they were financially dependent on her at the time of death then they will get nothing but a massive solicitor bill!

the problem with this is, is that it can go on for a long time before they find they aren’t entitled to anything.

this can also mean hefty solicitor bills for you too

How will it mean a hefty solicitors bill for the op?

Soontobe60 · 27/12/2022 20:45

Don’t panic! They can suspend probate - anyone can. But in order to prove the will was either written under duress or whilst she was of unsound mind they will need absolute proof. I’m guessing that you’ve spoken to the solicitor dealing with the will? They should not be talking to anyone who is not a beneficiary. Your Aunts will need a great deal of money to pay legal fees if they want to contest the will, and unless they were still financially dependent on their mother including living in the house she’s left for you they most likely don’t have a leg to stand on.

WallaceinAnderland · 27/12/2022 20:45

Ignore them OP. Block if they are abusive. Just be patient.

Badger1970 · 27/12/2022 20:49

A family friend went through similar. It took nearly 7 years to clear up, and she eventually was awarded what was left to her in the first place.

I'd sit tight, and be guided by your solicitor. I think a will can only be contested if you've got proof of the person not being of sound mind or being co-erced.

StopFeckingFaffing · 27/12/2022 20:52

As her granddaughter you are also a blood relative so are no less deserving of the inheritance than other blood relatives are

Is your Mother/Father (your Gran's daughter/son) still alive? X

Assuming you or your brother didn't coerce her in any way to change her will then I would be surprised if their challenge amounts to anything (other than a delay in the process and perhaps some legal fees)

wherearebeefandonioncrisps · 27/12/2022 20:59

I'm not sure about all this but if they contest the will then the onus is on them to find evidence.

Probably just sit back and don't engage.
Your solicitor is your ally here.

Googlecanthelpme · 27/12/2022 21:05

It is incredibly difficult to contest a will.

they have to be able to satisfy a specific criteria from a small list of options.

You cannot contest a will purely on the basis that they don’t like it or think it unfair.

If your gran was of sound mind and there is nothing to suggest she was coerced or pressured to change her will then it is highly unlikely they will get anywhere with legal action. Any reasonable solicitor / barrister will tell them this once all the paperwork has been reviewed.

Try to ride it out OP, block on phone if needed, direct them to the solicitor dealing with the will.

Sorry for your loss

BirmaBrite · 27/12/2022 21:21

I can understand her daughters being very upset to discover they have been left nothing in the will by their Mother. Are you and your Brother the only grandchildren or are there others that have been left out of the will too ?

It's an awful situation for everyone involved and unless they come up with hard proof that your Grandmother wasn't of sound mind or that you and your Brother managed to coerce her into changing the will, I think they will struggle to win a case and end up spending money they didn't need to spend.

Clovacloud · 27/12/2022 21:27

My parents contested a will, elderly relative changed her will twice, one was in their favour at a solicitors, then a later second handwritten, witnessed by a neighbour and went to a distant relative. I told them not to as they don’t have much money, but they did anyway. They spent 15k and got absolutely nowhere. All their life savings gone and they didn’t get a penny. So unless your relatives have massively deep pockets, and it sounds like the Will was utterly legal, I really wouldn’t worry too much.

DreamingOfAGreenChristmas · 27/12/2022 22:19

Nothing to worry about.

The Will was done through a solicitor, with an explanation. The solicitor had no reason to doubt her mental capacity, and presumably none of these relatives were living in financial dependence on her.

Objecting on the grounds that she had a stroke a year after she signed the Will is ludicrous.

I am sorry that the loss of your dear Nan has been made more difficult by the horrible behaviour of your aunts.

But there seems no doubt that your Nan’s wishes will come to fruition in due course.

Soontobe60 · 27/12/2022 22:34

Clovacloud · 27/12/2022 21:27

Wills have to be signed by 2 witnesses to be valid.

Clovacloud · 27/12/2022 23:20

@Soontobe60 I assume it was signed by 2 people or it wouldn’t have gotten through the courts. But they just ranted about the one neighbour as they knew her really well, and she never mentioned it to them at all.

pilates · 30/12/2022 10:17

Have you posted about this before?

To contest a will is expensive and lengthy and by the sounds of it they haven’t got a good case.

purpledalmation · 01/01/2023 12:55

In England the will is valid, and, if they weren't financially dependent on her, they have no grounds. Scotland has a different system and I think you are unable to disinherit your own DC but I've no real knowledge of this

Anotheryearsameshitshow · 01/01/2023 13:00

Block the grabby fuckers in every way op. Sorry for your loss.

IOnlycreatedaccountforthispost · 01/01/2023 13:10

Unless a claim is made under the IPFD Act 1975 then onus is on the people disputing the will to prove the testator didn’t have the capacity required to make it at the time. This can be very difficult to prove after death without medical records recording a lack of capacity. Furthermore, the court will take into account the knowledge and experience of the drafting solicitor and the notes they took at the time of taking the instructions. Wait and see what evidence they produce to prove their case (someone having a stroke prior to changing a will is not going to be sufficient evidence on its own) and then go from there, in the meantime continue to administer the estate so far as you are able to.

prh47bridge · 01/01/2023 15:51

The fact your gran had a stroke a year after making the will is irrelevant. It does not mean she lacked capacity. They seem to be alleging undue influence, but they will need evidence for that rather than bare assertions.

No-one can say whether they will take this to court. They may do so even if they are advised not to. But I doubt they will get anywhere with challenging the validity of the will.

They could, of course, try and make a claim under the Inheritance Act, but that is unlikely to succeed unless they are struggling financially.

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