RELATIVES ARE TRYING TO CONTEST MY GRANDFATHER'S WILL

[user1469724650]

Hey, I am based in England & I'm looking for some advice on this situation for either peace of mind or further clarification on what we can expect.

We have been following the probate process for the last 6 months or so and have had some correspondence back asking for our cousins to confirm that they agree with the will. My Father has been open and honest about the will from the start and has shown them a copy. Initially one of my Cousins' (let's call him Jim) said that it was all fine but would need to speak to his brother (let's call him Neil), to make sure Neil was okay with this too.

A week went by and my Dad didn't hear anything from either Neil or Jim, he got a call from his Solicitor saying that Neil had contacted them asking for another copy of the will as they couldn't read page 3 of the photocopy, this was strange as they would have normally contacted my Dad and asked him if they had any questions. Page 3 didn't show any details around what their entitlement was either, which is the only thing they should really need to look at.

They have since had an explosive conversation with my Dad as they believe that they are entitled to 50% of the estate because their Mother died and she would have gotten 50%. They have been left 30% in the will as per my Grandad's wishes. The original will was lost by the Solicitors that were dealing with it but they signed an affidavit to say that the copy was the last will for my Grandfather.

Neil and Jim's father signed along with his wife on the will and would know that it was correct and what my Grandad wanted.

Jim & Neil's Solicitor has now contacted to say that they plan to contest the will's legitimacy & dispute the forms that have been submitted to probate. This is all getting very messy and we're obviously disgusted by the whole situation.

What are the next steps? And how likely is it that the will can be successfully contested considering that there is a signed affidavit from the lawyer and the will was signed by Neil & Jim's father as shown by the copy?

I can't see them having much luck in contesting. But I wonder whether their dispute is on moral/fairness grounds? When did their mother die?

They are very unlikely to get anything more than what the will gives them.

Their mother died about 10 years ago now. My grandad specifically stated that it wouldn’t be particularly fair for them to get 50% as it would mean they inherit more than the rest of the cousins in the family.

it’s not even about the money, I just don’t want them to get their own way whilst acting so deceitfully lol.

I can see something like this happening when my Nan passes.

Her Will stated 50% split to my mum and her brother. My mum died, so my Nan redid her will and I think she’s left a portion to my uncle and split the rest between me, my siblings and cousins.

My sister has already been up in arms that “the other side of the family are getting more and we should get my mums 50%” 🙄🙄

Inheritance brings out the worst in people. I can’t see how they have grounds to contest xx

This sounds ridiculous. If their mother had been alive she’d have been the benefactor and it was entirely possible that they would never have got any of the money.

Unless your grandads estate is worth millions I can see the extra 20% they're looking to gain very quickly being swallowed by legal fees. Hopefully good advice and common sense will prevail and they'll go with what your grandad willed.
Inheritance brings out the worse in people, my great uncle passed away leaving my mum 50% and my uncle 10%. My uncle hadn't seen my great uncle in years where as my mum cared for him for years. Not that she did it for the inheritance but in my opinion given that he was incontinent and need bathing like a baby she earnt every penny. My uncle also received 100% of my grandparents estate as he's a giant man child who never moved out. Nevertheless it hasn't stopped him calling my mum to all who'll listen implying that she cheated him.

@user1469724650 It’s good your Dad has a solicitor dealing with this. I would advise your Dad not to engage with Jim, Neil or their solicitor and to refer everything via his solicitor.

Unless they have lodged a caveat with the probate office then probate will continue as normal and hopefully be granted. If they do lodge a caveat then this will need to be removed and that is only likely to happen if the matter is resolved.

It is not ideal that the original will has been lost but positive the solicitors have signed an affidavit.

The concerning information you have provided is “Neil and Jim's father signed along with his wife on the will and would know that it was correct and what my Grandad wanted.” It is not clear if they were witnesses to the original will or if this was as part of the verification process for the loss of the original will. What is also not clear is if the “wife” is grandfathers daughter or her husbands second wife.

What was written on page 3 of the will may be relevant as they are apparently seeking to have the will declared invalid so the laws of intestacy apply. In that scenario the estate would be split equally amongst your grandfather’s children I.e. their mum and your Dad so 50:50. As their Mum has passed away they would inherit 25% each.

Your Dad needs to follow the advice of his solicitor. I would recommend trying to resolve this using mediation rather than through the courts. The costs may be significant. There are an independent mediators who can mediate and I believe (happy to be corrected) facilitate a binding agreement.

A key piece of evidence may be any notes the solicitors took at the time your Grandad made his will. Does it actually say in the will it wouldn’t be fair to give them 50%?

Another factor to consider is the size of the estate to start with. Pointing out how much the legal costs will diminish the residual estate may make them think. For example a residual estate of £300k, after all expenses, means 30% is £90k and 50% is £150k. A solicitor may want £10k or £20k upfront to contest a will and costs will escalate so say c£50k. If they lose then 30% of £250 is £75k and 50% £125k. If costs are £100k then 30% of £200 is £60k and 50%£100. Some sums like this may make them stop and think. Obviously if we are talking millions then it is worth it.

A question to the solicitors is if they had the original will would they have the same grounds to declare it invalid? If not, then your Dad may have grounds to claim compensation.

As a pp said wills and inheritance bring out the worst in some people and all they can see is that their Mum has received less than her brother. I don’t understand your grandad’s rationale that if they jointly had 50% they would get more than their cousins. Is it because your Dad has 3 children? If so it is false thinking as you and your siblings might get £0 if your Dad should unfortunately need nursing care.

I have assumed your Dad is getting 70% to their 30%. If this is the case settling on 50:50 could be the morally right thing to do. Plus it may make financial sense if the estate is relatively small.

HTH