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Original poster

Contesting a Will that seems to be influenced by a neighbour

81 replies

morbidd · 21/04/2023 07:19

Hello all,

I'm in an awful situation.

I have found out that my estranged mother has died - it's a long story.

I have been able to find the will and grant through the government website, only to discover that all her estate has been left to some complete strangers.

I say strangers, but essentially all I knew about them was that they were neighbours that picked up her shopping.

The will itself just doesn't look right. It's so vague about possessions, her signature doesn't look like hers and is extremely shaky.

I know it was made shortly after a suicide attempt of hers.

There's no mention of the grandchildren and whilst I'm mentioned to specifically say I won't get anything, my surname is spelt wrong!

Over £100k has been left to this neighbour and I know I have to come to terms with the fact that perhaps this is what she wanted.

But it just doesn't sit right. I had a look at contesting a will and it seems that it has to be done 6 months after probate.

Is this correct? Otherwise I won't be able to contest, unless there are other avenues to try?

Any help would be appreciated

Thanks

OP posts:
Tontostitis · 21/04/2023 07:21

You were estranged. She specifically excluded you. Why should you get anything?

Original poster
morbidd · 21/04/2023 07:29

No I understand that, there is more to this but I haven't included it incase it's outing.

OP posts:
Mindymomo · 21/04/2023 07:29

Unfortunately from what I’ve read, contesting a will can cost an awful lot of money, I’ve seen £100,000 mentioned. You could contact the Executor of the Will and ask them about anything.

Paq · 21/04/2023 07:30

It sounds like a sad situation all round but if you had not seen your mum for many years you're going to find it hard to argue that she was unduly influenced. If they beneficiaries were neighbours that supported her they're not exactly "strangers" are they?

Lots of people make homemade wills.

Original poster
morbidd · 21/04/2023 07:30

The executor of the will is also the neighbour.

OP posts:
Winter2020 · 21/04/2023 07:38

Do you know if a solicitor did the will for her? If they did they would have had to have judged her to have mental capacity to make it. You could speak to the solicitor to put your mind at rest that your mum was not influenced.

I think contesting a will is difficult and expensive at the best of times but it sounds very difficult in this case because if your mum was estranged from family and helped by friends and neighbours it's quite understandable she left her estate to them.

I think you will need to try to come to terms with it.

Beetrootlover82 · 21/04/2023 07:38

How long have you been estranged for?

I suspect OP that you are barking up the wrong tree

Beetrootlover82 · 21/04/2023 07:38

morbidd · 21/04/2023 07:30

The executor of the will is also the neighbour.

Very common for beneficiaries to also be executor

Beetrootlover82 · 21/04/2023 07:40

What is the “awful position” you refer to?

ShandyQuaffer · 21/04/2023 07:41

Not odd for you not to get anything if you're estranged but the misspelling, dodgy signature etc do sound concerning. Might be worth taking legal advice but nb contesting a will can be extremely expensive (as in "wipe out the whole value of the estate" expensive).

Winter2020 · 21/04/2023 07:42

I just had a quick Google OP and there are kk win no fee solicitors that contest wills.

I guess you would use the grounds of lack of capacity (after suicide attempt) and or coercion.

Perhaps speak to a no win no fee solicitor to see if they think you have a case?

If this will is invalid there might be a previous will which depending on the length of your estrangement you still might not be a beneficiary of?

Original poster
morbidd · 21/04/2023 07:43

Okay, not wanting to drip feed but I'll add this to explain further context.

No provisions have been made for her husband - not my dad and he is currently in a nursing home.

As far as I understand he has no money. He also has no family or friends, is just alone in this care home.

This is a concern for me that he has been left with nothing.

OP posts:
Beetrootlover82 · 21/04/2023 07:43

When elderly, shakey signature very common

And presumably your married surname spelt incorrectly ie not her own! and she’s not had any reason to write it, especially as you’ve been estranged

Beetrootlover82 · 21/04/2023 07:44

morbidd · 21/04/2023 07:43

Okay, not wanting to drip feed but I'll add this to explain further context.

No provisions have been made for her husband - not my dad and he is currently in a nursing home.

As far as I understand he has no money. He also has no family or friends, is just alone in this care home.

This is a concern for me that he has been left with nothing.

Very sensible not to give anything to your dad in a caring home

as just would have gone to the caring home!!

whereas when he’s down to last £21k, government will pay

Original poster
morbidd · 21/04/2023 07:45

That makes sense, just find it odd that he's not even mentioned as an exclusion.

I think I will get some legal advice just to put my mind at ease.

OP posts:
Bimbom · 21/04/2023 07:45

morbidd · 21/04/2023 07:43

Okay, not wanting to drip feed but I'll add this to explain further context.

No provisions have been made for her husband - not my dad and he is currently in a nursing home.

As far as I understand he has no money. He also has no family or friends, is just alone in this care home.

This is a concern for me that he has been left with nothing.

If you've been estranged how do you know they didn't split up or she had another reason not to want to leave him anything

prh47bridge · 21/04/2023 07:45

If you want to make an Inheritance Act claim, i.e. a claim that your mother has not made reasonable financial provision for you in her will, the time limit is 6 months from the grant of probate. However, you can ask the court to allow you to apply out of time.

If you want to challenge the validity of the will, alleging, for example, that there was undue influence from the neighbour or that she didn't have testamentary capacity, there is no time limit.

The cost of contesting a will depends on how it pans out. If the executors accept the will is invalid following an initial letter, costs will probably be less than £2k. However, if it goes all the way to court it can cost over £100k.

If you want to pursue this, you should talk to a solicitor who specialises in contentious probate.

Beetrootlover82 · 21/04/2023 07:46

If he has “no money”that means government is funding the care home care

if he inherits more than £21k - must go on date home fees

wry sensible not to give to someone in a care gone

added to which if you’ve been estranged you have squat all idea about the marriage

and I’m guessing you are also estranged from your father if he is “all alone”

QuintanaRoo · 21/04/2023 07:46

Hey…..I’ve been in exactly this position. I was estranged from my mum for six years prior to her death. She left the majority of her estate to her neighbour but also gave sums of up to 60k to people she’d been friends with in the 70s and hadn’t seen since then. In total her estate was around 500k. Her will didn’t specifically mention I wasn’t to inherit.

Like you I have a child who she left nothing to. I did get sent a letter via her solicitor after her death which said how much she hated me and that she wasn’t leaving me a penny.

I can’t say it ever crossed my mind yo challenge the will. She was a competent adult who could leave what she wanted to who. And with us being estranged I don’t think legally I’d have had a chance.

I think you need to make your peace with this. It was certainly something I’d thought about before her death, that she was likely to disinherit me. I’m really not sure I’d have wanted her money…..it would have been nice if she’d left Dd something but there we are. I think challenging a will will just bring more heartache.

googlejourney · 21/04/2023 07:46

Anything given to her husband in a nursing home would go straight to the home, I'd have thought this was a better financial decision.

Perhaps her neighbour became like family to her, during difficult times such as her suicide attempt.

Beetrootlover82 · 21/04/2023 07:46

This is a concern for me that he has been left with nothing.

and yet you never visit him in his care home

Original poster
morbidd · 21/04/2023 07:47

Just to be clear, he isn't my dad.

OP posts:
Candleabra · 21/04/2023 07:48

Presumably the will is valid - was it witnessed? (Are the witnesses people you know, who you could ask about your mum’s state of mind at the time of writing?)

Original poster
morbidd · 21/04/2023 07:49

The witness seems to be a solicitor and a receptionist.

OP posts:
OneFrenchEgg · 21/04/2023 07:51

I did get sent a letter via her solicitor after her death which said how much she hated me and that she wasn’t leaving me a penny.

Fucking hell @QuintanaRoo I'm so sorry. There's no need for that.

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