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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:
Crampo · 21/04/2023 07:52

Why are you in 'an awful situation'? What is it to you?

pinkdelight · 21/04/2023 07:56

Possibly being thick here, but doesn't half her estate belong to her husband? Didn't think a spouse could disinherit their husband by leaving it all to someone else in a Will, when in fact it's marital property?

Beetrootlover82 · 21/04/2023 07:56

morbidd · 21/04/2023 07:47

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

So why the concern? When you clearly have no relationship with him anyway?

Beetrootlover82 · 21/04/2023 07:57

Crampo · 21/04/2023 07:52

Why are you in 'an awful situation'? What is it to you?

💰

Mamapiggywig · 21/04/2023 07:57

Leave it. Save your time and your money. She wasnt a nice person by the sound of it, to send you a letter to arrive after her death saying she hates you- that is quite extreme to have the last dig like that.

Beetrootlover82 · 21/04/2023 07:59

Mamapiggywig · 21/04/2023 07:57

Leave it. Save your time and your money. She wasnt a nice person by the sound of it, to send you a letter to arrive after her death saying she hates you- that is quite extreme to have the last dig like that.

😐

where does the op say that?

Original poster
morbidd · 21/04/2023 08:01

No provisions have been left for her husband's funeral.

OP posts:
Paq · 21/04/2023 08:03

The new information does make it sound more suspicious. Does her husband have any family that you could talk to?

WoodenFloorboards · 21/04/2023 08:03

The first port of call would be the solicitor who witnessed it in that case. Presumably they also drew up the Will. Having a professional witness and a professionally written will would suggest that it's not a crude forgery, and that you're into the murky waters of undue influence - very difficult to win under your circumstances.

I'd say that the people who have the best standing to challenge this will would have been the local authority on behalf of the husband. If they're on the ball they might have had a pop at claiming failure to provide for dependant, but it's too late now.

Original poster
morbidd · 21/04/2023 08:05

He's not a nice person, but I am human who has empathy. It's all been a shock to find this out and the possibility she may have been influenced by someone else.

It's not about money, it's just brought up a lot of stuff. I knew really thought I would get anyway, but to exclude grandchildren is surprising to me. Well not even mention them.

To get my surname wrong, when she knew it very well.

OP posts:
JudgeRudy · 21/04/2023 08:06

The will was witnessed by a solicitor. She has left everything to her neighbours not complete strangers. Likely good people who showed her kindness in her latter years.
Why are you worried about her husband? Are they even still married? Is he alive....then leave that to his family.
You haven't had a relationship with your mother for several years. This is not your business. Contest the will by all means. It'll cost you financially and mentally....and you'll likely loose.

Beetrootlover82 · 21/04/2023 08:07

How long have you been estranged OP?

WoodenFloorboards · 21/04/2023 08:07

pinkdelight · 21/04/2023 07:56

Possibly being thick here, but doesn't half her estate belong to her husband? Didn't think a spouse could disinherit their husband by leaving it all to someone else in a Will, when in fact it's marital property?

I agree, but he/the local authority has probably lost his chance to claim. It's a second marriage, so what is and isn't marital property would be a bit more complex. Poor sod, dying in a care home with no visitors at all.

WoodenFloorboards · 21/04/2023 08:08

Beetrootlover82 · 21/04/2023 07:59

😐

where does the op say that?

Show quote history

That was a different poster in a similar situation.

Beetrootlover82 · 21/04/2023 08:08

Op why would she leave to grandchildren if she had no relationship with them whatsoever?

illiterato · 21/04/2023 08:08

pinkdelight · 21/04/2023 07:56

Possibly being thick here, but doesn't half her estate belong to her husband? Didn't think a spouse could disinherit their husband by leaving it all to someone else in a Will, when in fact it's marital property?

Marital property is only relevant if you get divorced. Assuming the mother held all her assets in her sole name she can disinherit her husband if she wants to. Possibly the house belonged to her from her first marriage?

SoupDragon · 21/04/2023 08:12

whilst I'm mentioned to specifically say I won't get anything, my surname is spelt wrong!

The solicitors dealing with my parents' estates regularly spelt my name wrong.

I think you have to let it go. You were estranged, presumably for very good reason, and you are now letting her bother you after she has died.

Quveas · 21/04/2023 08:17

I am utterly gobsmacked by the entitlement people have on this site, that they can have nothing whatsoever to do with parents but then expect that they or their children should be inheriting from said parent. I totally get that parents aren't perfect and can cause mental and physical damage. I get that children can do the same thing. And it is right that in such cases cutting contact may be the best thing to do. I don't expect that blood will be thicker than water. It's the fact that having done so, for what may be very good reasons, people then go on to expect the inheritance!

OP, I am sure you had very good reasons to cut off contact with your mother, but it really is a bit "thin" to be then claiming to be wildly concerned about the lack of an inheritance to a man who you have no relationship to or with; or that it seems odd (to you) that she didn't mention grandchildren that she had no contact or relationship with. If you want to throw away good money to try to contest a will that was witnessed by a solicitor, which leaves money to the people your mother actually had a relationship with, then that is what you must do. But it is a waste of money, and not really a good look.

Dibbydoos · 21/04/2023 08:19

Speak to the police, contest the will. It is only by forensics - probably signature analysis - will you know if this will is your mothers or if they took advantage of her. It's best to be certain esp with the errors in the will.

My friend looked after his neighbour and never met any of his neighbours family. When the neighbour died, the vultures descended. He had left everything to his kids and nothing to my friend. My friend was fine with it all, he liked his neighbour and their friendship. But was angry with the neighbours family for not bothering to visit. More often than not, blood is thicker than water.

Beetrootlover82 · 21/04/2023 08:19

Quveas · 21/04/2023 08:17

I am utterly gobsmacked by the entitlement people have on this site, that they can have nothing whatsoever to do with parents but then expect that they or their children should be inheriting from said parent. I totally get that parents aren't perfect and can cause mental and physical damage. I get that children can do the same thing. And it is right that in such cases cutting contact may be the best thing to do. I don't expect that blood will be thicker than water. It's the fact that having done so, for what may be very good reasons, people then go on to expect the inheritance!

OP, I am sure you had very good reasons to cut off contact with your mother, but it really is a bit "thin" to be then claiming to be wildly concerned about the lack of an inheritance to a man who you have no relationship to or with; or that it seems odd (to you) that she didn't mention grandchildren that she had no contact or relationship with. If you want to throw away good money to try to contest a will that was witnessed by a solicitor, which leaves money to the people your mother actually had a relationship with, then that is what you must do. But it is a waste of money, and not really a good look.

This

KittyAlfred · 21/04/2023 08:21

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.

The difference is that your mother clearly had capacity and made a legal will through the proper channels. It seems possible that OP’s mum may not have actually meant what the random piece of paper says.

Also OP - surely she can’t write her husband out of the will? Isn’t he entitled to at least half of the estate anyway?

PoseyFlump · 21/04/2023 08:21

With the pandemic we've just been through I can imagine the neighbours have had their hands full with your mum. How old was she? Did she need taking to hospital appointments? Who did the maintenance on the house? I'd probably just walk away OP and save yourself a lot of stress.

Humanswarm · 21/04/2023 08:25

I assume OP younwerenestranged from your Mum and step Dad for very valid reasons. That sadly, doesn't change when someone passes. I would imagine, she wasn't there for you when she was alive, why would the assumption be that she would be when she's gone?
I think you need to leave well alone and try to come to terms with the loss you have suffered. Not for your Mum necessarily but allow grieving for what you didn't have.

Beetrootlover82 · 21/04/2023 08:25

KittyAlfred · 21/04/2023 08:21

The difference is that your mother clearly had capacity and made a legal will through the proper channels. It seems possible that OP’s mum may not have actually meant what the random piece of paper says.

Also OP - surely she can’t write her husband out of the will? Isn’t he entitled to at least half of the estate anyway?

Show quote history

Random piece of paper?

A legal document witnessed by a solicitor

briansgardenshed · 21/04/2023 08:26

Don't think of it in the way of "Why would anyone give £100k to someone they didn't know?" But that once she'd died that money had to go somewhere. The government would get some as tax and the rest had to go to someone.

Don't underestimate when you are old and or unwell how much you can depend on regular daily kindness. The people who every day or every week - rain or shine - get you your shopping, exchange kind words, pop in for a cup of tea, undo a jar for you, bring in your bins... Days when you are too tired or in pain or in despair - and they take time out of their day to check on you. Days when you can't have a cup of tea even -- or a slice of toast because there is nothing in - or if you fall and you know no-one is coming.

They have no obligation, and the increasingly prevailing attitude is to look after yourself only. So - when you are thinking "well it's got to go somewhere" - what would you do?

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