Contesting a will

[hjor20]

I will just say my grandmother is still alive although un well.

My grandmothers will states everything to go to my auntie and for her to 'look after' the grandchildren.
The will was changed last year to say this, before this it was 50% to my auntie and 50% to my mums children (her grandchildren) as my mum passed away 11 years ago.
At the time the will was changed to everything going to my auntie, my auntie was being forced to sell up home as it was in her exes name and was allowed to stay in that home until her child turned 18. We believe the will was changed to give my auntie security.

Would us grandchildren from my deceased mums side be in anyway able to contest the will if it came to it? On my mums deathbed she was told by my nan she would change the will so us grandchildren didn't lose out on anything upon her passing. But she's gone back on her word and changed the will since this. I don't want to come across as grabby but equally feel completely let down with this change of will.

I hope this makes sense, just after any advice.

Was you GM of sound mind when she changed the will or had any dementia type diagnosis?

Sound mind, this is why I don't feel hopeful. Although she has verbally said to myself and sister that if my auntie didn't give us half of all then she'd be happy for us to contest it. My brother is POA of finance too but literally nothing going in our favour if we were to contest it when she does pass.

How big is the estate? Even if you have legal grounds to do so (undue influence etc) it's a hell of a thing to do, and will haemorrhage money.

Only about £250,000 so not massive compared to some.

Although she has verbally said to myself and sister that if my auntie didn't give us half of all then she'd be happy for us to contest it.

This is stupid. It costs a fortune to contest a will, does she have any idea!? If she wants you to have half she should put it in her will, not leave you all to battle it out after she's gone.

Although she has verbally said to myself and sister that if my auntie didn't give us half of all then she'd be happy for us to contest it.

That's a ridiculous position for her to take. She needs to write her will to reflect her actual wishes, not leave a legacy of potential family conflict and lawyer's fees.

She said since that she'd change it back, but hasn't. Her health is deteriorating and her capacity fluctuates now so I can't see it being changed.

I think what hurts the most is what she promised my mum on her deathbed and has since then gone back on this, as if my mum and her family don't matter. Despite us going in daily to do jobs, make dinners etc.

Part of me feels like we should just not bother but then bitterly why shouldn't we.

If and when it comes to it I'll pay for solicitor and get advice rather than risking it all. But just wanted some advice really as I don't think there would be a case so to speak

Definitely take legal advice but if she had really wanted something to be done she would have set it out in her will. A verbal convention means nothing sadly.

A potential beneficiary cannot take legal advice in any meaningful way. They need to f
go see nan, have her clarify what she actually wants to happen and the. Assist her in getting that put into place if she is unable to source help herself. They can call the person who did her will (who was remiss in not advising her not to change it in these terms IMO).

Absolutely get a solicitor but there are very limited circumstances in which to contest successfully.

1. Duress

2 lack of capacity

1. Failure to provide for dependants

4 breech of promise ie child works family farm all his life on the basis that he will inherit once parents die etc

Most cases fail but there can often be settlements as contesting the will is a slow process and they may throw you a small sum just to get rid of you and stop you stalling the process of dealing with the estate.
Either way you need good legal advice .

Ask your gm to have a frank conversation with aunty and you present - then record it. Then you have her oral testimony to use in court if needed.

What a ridiculous situation. This person isn't even dead yet. Why doesn't she just write her will according to her wishes rather than saying folk should contest it. Sounds like a manipulator to me. Which is not unknown amongst elderly people.

Your grandmother can leave everything to the cats home if she wants. There's only rules if you are dependents or she's under duress.

by the time it got to court the value would have been swallowed up.

OP, just say to your Gran that if she wants her promise to your Mum to be upheld, it needs to be in her will. Because any number of unforeseen events could mean your auntie hasn’t got the money to give you.

But I would stress that it isn’t the money, it’s thinking about the comfort your mum got from knowing you would be taken care of.

Why are so many people on MN so obsessed with their relative’s wills. Until that person dies, what is in their will is no business if anyone else, and if they want to disinherit people, that is their right.

Already have this with her saying to contest it. It's a shit show. She changed the will when my mother died so her half of inheritance would be shared out between her surviving children. She changed the will a year ago to the above when my auntie had to be out of her home her ex owned.

It's a mess and to be honest part of me wishes I never knew about it.

I absolutely understand this, it just hurts in a sense what she promised my mum on her deathbed, changed it to what she promised. And then goes back on it years later.

But what will be will be.

I was given a ballpark figure of £50,000 minimum in fees to contest a will - and that was where the will writer (not a solicitor) screwed up and forgot to mention a partner (was enquiring for a friend)!

What's worse is if my friend had made a claim (she didn't), then she'd be claiming against the estate, and estate funds would have been used to defend it (executor and my friend hated each other). So not only draining my friend's limited funds, but her deceased's husband estate as well. All to line the pockets of lawyers. He would have hated to see his estate going on legal fees instead of his beneficiaries.

I know you said your GM's capacity fluctuates but if you can catch her at a lucid moment and explain the reality of the above, I can't imagine this is what she'd want for you. I think people think it's a case of it costing a few hundred to contest a will when actually it's a complete money pit.

I'm sorry you lost your mum and can see why this is upsetting, but from your posts, it sounds like your gm had an understandable change of heart when your aunt was in trouble and changed her will accordingly. That doesn't mean that her words to your mother were meaningless, but that things have changed and she wants to prioritise the security of her surviving daughter over the younger generation. This is a fair enough thing for your gm to do and shouldn't be contested. The fact she's mentioned contesting it might well mean she knows how unlikely that is to happen, but says it because she doesn't want pressuring to change her will again from what she most recently decided. She's leaving it up to your aunt and if your aunt needs the money for herself, then so be it. I do think it's a little disingenuous to say it's about comfort etc not about the money. Your mum still had that comfort when she passed and it's okay for things to change. I'm hoping that your mum was able to leave you something herself, but even if that wasn't the case, it's your gm's wish that it goes to your aunt not you and I think that has to be respected and let go as if it never was coming to you.

Agree with above post. Things have changed a lot since your mother died. Your aunt has been in a very bad situation losing her home. If your mother was still alive perhaps she would have been okay with her sister getting everything.

Your aunt might give you some money but sounds like things will be tight anyway (£250k at some point in the future doesn't go all that far, assuming there's any left after care fees).

Keep visiting your grandmother and stop talking about her will.

Your GM doesn't make a lot of sense. The original will bequeathed 50% to the grandchildren but then she changed it to everything to your aunt. Now she's saying she'll be disappointed if aunt doesn't give you half and you should contest. Why did she change it then? "Look after the grandchildren" is far too ambiguous and auntie could give you each £500 and feel she's fulfilled that requirement. Sadly, if her capacity is already fluctuating then it may be too late.

Could she write a letter of wishes to go with the will? It's not legally binding but may guilt auntie into being fair.

I'm presuming you aren't in Scotland? The advice would be different.

In Scotland you cannot disinherit children from any moveable estate. As your Mum has pre-deceased her parent her share would come (there's a legal minimum) to her children.