Contesting a Will that seems to be influenced by a neighbour

[morbidd]

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

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.

so, they weren't strangers to your mother, they were the people who looked after her.

….here….

The fact that the will wasn't written on special paper or wasn't written in a particular legal way doesn't make it invalid though, does it? I thought if it was witnessed, particularly by a solicitor, then it's valid. And as the OP hasn't been in contact with her mother recently then it's difficult to say what state of mind her mother was in at the time. I understand that you are distressed OP but might persuing this cause more problems to you?

@OneFrenchEgg to be honest after the initial shock I’m glad she did. Proves to me that I was correct about the sort of person she was. Anytime any guilt or doubt creeps in I think of that letter and feel ok again.

I disagree, the Ops mum must have been deemed to have capacity by the solicitor who witnessed it. Seems above board and would be very hard to prove otherwise.

no point wasting money and heartache on a fruitless quest.

also I might be wrong but I think if there’s no will estate automatically goes to a spouse but it’s perfectly legal to write a spouse out the will. Obviously someone can only gift in a will whats legally theirs. So if a house is in both names or it’s joint bank accounts then that can’t be left to a neighbour.

I would get legal advice OP. Something isn’t quite right here.

I assumed from the OP that the will wasn’t witnessed by a solicitor, hence the concern about the signature. Maybe I’m wrong.

@QuintanaRoo that's a really well adjusted attitude, I'm glad you can reframe it and use it to validate your thoughts.

The OP says it was witnessed by a solicitor.

As ever, with threads like this, we have people lining up to put the boot in to the OP.
She's asked a perfectly valid question. @prh47bridge gave factual and helpful information.
Too many others just want to make out the OP is a money-grabber.

It's kind of hard to avoid considering that given that she and her children had no contact of any kind with her mother (whether that was for good reason or not, it is a fact), that had been the case for some time, she went searching for her mothers will once she realised she was dead / had not been left any money, and is claiming to assume some kind of "consideration" for a total stranger that she also had no contact with who she thinks should have been included in the will (along with her / her children?)

There is no "awful situation" here, but a completely clear and understandable one. The OP's mother didn't leave her £100k, she left it to people who had demonstrated care and concern for her. She clearly and specifically said that money wasn't to go to the OP. How much clearer does it get?

Accusing the neighbours of perpetrating some kind of fraud aided and abetted by a solicitor and their receptionist without any evidence is tacky.

OP, you were estranged so obviously wanted nothing to do with your DM so why do you want her money?

Would it matter if she'd given it to the local cats home? No and it's none of your business.

Hi OP
It does seem that the will is legit, especially in light of it being signed by a solicitor.

The incorrect spelling of your name is not uncommon, my solicitor managed to spell my name incorrectly on a power of attorney and it had to be re-done, in my case it had to be re-done as I was getting POA, in your case sadly your are only being mentioned as an exclusion, so it does not matter.

The will could have been drafted by the neighbour with your mum dictating to them, or by the solicitor themselves, either way, if your mum was deemed to have capacity it doesn't matter.

The shaky signature is not relevant really, my mums signature is all over the show now in her 80's compared to what it was, if a comparison was needed it would be compared to another recent signature.

If I was you I would track down the solicitor who witnessed the will (you can find them via the solicitors regulator)- if they exist, and did indeed sign the will then I would say you are out of luck, no lawyer would sign their name to something that was dodgy, they would have talked to your mum and assessed that she was of sound mind.

If the solicitor prepared the will, they will have a copy on file.

If you get no joy that way, or can't find the solicitor, something still seems wrong then contact a no win no fee outfit. Don't go it alone, the fees you incur could be eyewatering and you still get nothing!

If it’s any comfort I met my mum’s neighbour while my mum was unconscious and dying in hospital. She was a stranger to me but even though not a relative to my mum as I spent days sat by my mum’s bedside with this woman I got to know her. She had given my mum a lot of company in her last few years as well as practical support. My mum had actually put her down as a legal next of kin.

So yes, I’d agree with the previous poster that their relationship could have been very significant to your mum. My honest advice is forget this and don’t let it eat you up. It’s too easy to think oh if only I had x amount of extra money. As my brother said it could all have gone on care home fees anyway if mum had lived longer.

It has also been pointed out that not leaving the husband anything was actually a very sensible choice which OP hasn't considered. So sometimes the MN vipers can add something useful.

If her mother and mothers husband owned their home then either all or half will end up paying for the care home anyway, depending on how they owned it. There wouldn't have needed to have been anything in the will.

That's normal. Why would she make provision for someone else's funeral?

It's a bit late to be worrying that your Mother may or may not have been unduly influenced by her neighbours. Just let it go and move on with life.

If the witnesses are a solicitor and the receptionist then it's likely to be a validly drawn up will, and it will stand. As you were estranged, it's unlikely you will be able to prove she did not have capacity.

If you've found the will through the govt website then probate must have been granted and you've gone searching for it. Were you hoping you'd been included despite being estranged?

I'm going to guess the home was in the mothers name alone, if the father is in care and has no money the LA will be paying and would have explored what monies they were entitled to. If they had a claim on the house they would have a charging order on all or part of it already.

I mean this kindly, but you need to let this go. If your mother had capacity, her will is correct. It's not fair, it's not nice and it's not easy to deal with. Her husband will be taken care of by the government, and his funeral will happen whether he has funds or not.

You can leave your estate to whoever you want in your will, as long as it's not a joint asset. My mum and her 2nd husband kept their finances separate when they married, to the extent that they even kept their own homes.

When Mum died, everything she had went to me and my brother (aside from some pension payouts that could only go to a spouse) and had my stepdad died first, everything he had would have gone to his kids.

Worth also noting that, I think (willing to be corrected) that even if you challenged the will, and succeeded - if you have no previous will that shows you or the grandchildren as beneficiaries, the spouse automatically becomes heir, not you.

So it would be a hollow victory.

Its a sad situation.