Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Contesting a will help

6 replies

Stvio1 · 12/01/2024 09:38

Hi I hope someone can advise ,I have two brothers my father has recently past away and when reading his will dated 2006 my younger son has the option to buy his property for 100,000-00 giving me and my brother 50,000-00 each which when the will was wrote was fair , but now the property has doubled in value and my brother said he is staying with what is in the will so in effect me and my brother will still get 50,000-00 and my other brother 200,000-00 is there anything I can do please

OP posts:
2dogsandabudgie · 12/01/2024 11:02

I am confused. Are you saying that when the will was written the property was worth £100,000, so it should be split 3 ways so you would have got roughly £33,000 each? Then if your younger brother wanted to buy the house he could put down his £33,000 as a deposit and get a mortgage for the rest?

If the property has doubled in value then it should be divided equally between the 3 of you but it depends on what the actual wording is in the will. Have you seen the will?

elizzza · 12/01/2024 11:10

Can you give us a bit more background? Was there a reason the will states your brother can buy the house for £100,000 - was that based on the value of the house in 2006 (it would be very unusual to put a fixed property value in a will because most people make them hoping they’re going to live for a lot longer! Did your dad draft it himself?), or is there some backstory like your dad helped him buy the house and your brother owed him £100,000 from that so this was your dad’s way of putting that money back into the estate?

Gettingcolder · 12/01/2024 12:01

I assume that the property was worth £150,000 when the will was written so the £100,000 would have been to buy out two shares of £50,000 each.

You are saying the property is now worth £300,000, so your brother will pay you each £50,000 per the will but his share is now £200,000.

If I have this correctly, you want to get £100,000 each now, so double what you originally would have got and an extra £50,000 each.

Does or did your brother live in the house? If so this strengthens his case considerable anyway and so you really wouldn't have a leg to stand on unless one or both of you are being made homeless by it being left to your brother.

Unless there is a lot of history you haven't divulged, unfortunately I don't believe you will have any grounds to contest the will as you are already receiving a substantial inheritance. The fact that your father decided to write his will this way was really his choice.

2dogsandabudgie · 12/01/2024 12:57

Gettingcolder - Ah yes that makes more sense!

Stvio1 · 12/01/2024 14:52

Hi when the will was made in 2006 the bungalow was worth 150,000 and brother could buy it for 100,000 so in affect each of 3 sons had 50,000 but will was never updated and now bungalow is worth 300,000 but my brother is sticking to will and giving us 50,000 and now he has 200,000

OP posts:
2dogsandabudgie · 12/01/2024 16:40

I take it your brother is selling it then and not buying it. I think you need to see a solicitor as it all depends on the actual wording in the will.

New posts on this thread. Refresh page
Swipe left for the next trending thread