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Contesting will when financially dependant on deceased parent

2 replies

Clipclopclickplop · 18/03/2023 14:27

Just after a bit of advice regarding contesting my father's will. He died in November and in appears he had changed his Will 10 years ago to a mirror will, my stepmother may have done the same.

His new will has left everything to my stepmother with a request to gift certain amounts to named recipient's, so a lump sum to my sister, but a trust fund to be set up for myself as he considered I would need help to manage any funds. My dad had been supporting me financially for the past 20 years as I have CPTSD and unable to work. He also paid for and ran my car, monitored and managed my bank account and I live in my step mother's house on a low rent. I also have a son with autism end my dad had promised to support him financially through Uinversity.

We have been told that my stepmother can chose not to honour his request and one of the executors, her brother, has said any money passed down to his children and grandchildren will be down to her generosity. The estate is quite substantial and the amounts suggested are a very small fraction of my father's investments and assets. The codicil to the will has also requested that half of the house value goes to my sister and I upon the sale or death of stepmother but again she can chose to leave the money to her family. There are no other children involved.

Basically, do we have a leg to stand on? I really want to ensure my son will be protected financially when I die. Any advice very much welcomed!

OP posts:
HermioneWeasley · 18/03/2023 14:30

Well, he either left everything to your SM, or he left the majorly with specific inheritances for you and your sister. If it’s the latter then she can’t over ride it. If it’s the former then you could challenge on the basis of being financially dependent but will need legal advice

prh47bridge · 18/03/2023 15:43

The first question is whether the will is being correctly interpreted. It would be strange to leave everything to someone with a request that they do certain things with the money. The request would not be binding. However, if he left you and your sister specific bequests, those must be honoured. Similarly, if he left your stepmother a life interest in his estate with some of it passing to you and your sister on her death, that is binding.

If he did leave everything to your stepmother, you may have a claim under the Inheritance Act.

You need to take a copy of the will and get proper legal advice.

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