AIBU to ask if I could contest my mother’s will?

[impossibletocontest]

Is it always impossible to contest a will in England.
I’ve been told I will not be inheriting and that my brother will be the sole beneficiary. He has a good very well paid job as does his wife, own their own home and are comfortable. Dm has a large estate so he will inherit a large amount.

I live in HA accommodation, with one child (disabled and SEN) plus I have a physical disability which is progressive and I can only work PT so reliant on UC top ups and will probably end up totally reliant when health deteriorates further.

I know England is difficult with this issue is there any chance a court would look at the situation and see that it’s fair to award me something?

ive been told that I won’t even be able to get a caveat before probate as they won’t tell me immediately on the death of dm so the assets will already have been given ? They are very low contact with me so I think they’ll absolutely do this. Is there anything now I can do or do I have to just accept that I will always struggle and my brother gets everything. As a child I was my DM carer as she had alcohol and MH issues so I feel really really used and cast aside.
She is 84 now and in poor health and the only contact I get is her telling me how I won’t get anything from her .

IANAL sometimes i contribute where i have very specific knowledge but, mostly i follow this board for the purpose of learning things that might be useful in my life or work that i do.

I also sometimes proffer a view to “bump” an enquiry to prompt one of our lovely solicitors to correct me or add more specific advice.

This thread feels like an invasion of locusts, who have nothing to offer.

@impossibletocontest It would be better if you didn't count on anything. Your mum might need care that will eat up all her money.
Do you get PIP, UC and DLA? If not that should be your objective : get all the benefits you and your child are entitled to.

Yes I have read the thread and the main advice is whilst the situation with her mother is sad the fact is she has been LC or NC for over 20 years and if what she says about her other is true than yes she should be NC for her sanity. Unfortunately that does not give her a say or guarantee that her mother has to include her in the will. Is it fair NO, but does that mean OP has a legal justification or any shot also NO.

After 20 years or NC she should be rid of them and moving on with her of or not getting caught up with expectations of the will because she needs the money.

She can get advice from a lawyer but from what I've read her mother while she may be mean or whatever has not written the will under coercion, she has written the will and written out her diabetes who she has not had a relationship relationship with for over 20 years.

Yes her mother sounds like nasty piece of work and OP is right to cut her off. That also means you don't have anything to do with her and move on with your life. Cutting off an abusive mother doesn't mean you cut them off but expect to be included in her will. You can't eat your cake and have it.

There is not it wrong with wanting the money, everyone wants money but unfortunately that does not in anyway give any grounds or justification to fight or contest the will. Is her mother mean and unfair, YES, that still doesn't give OP any grounds.

You’ll be wasting your time OP. You can’t contest a will on the basis that you don’t agree with her decision to leave her entire estate to your brother, and argue that financially you need money. Whilst
her treatment of you doesn’t sound nice at all, she is within her rights to leave her money to whoever she wants. Contesting a will will just cost you money and get you no where. It sucks, and will no doubt make you feel crap, but there’s little you can do about it.

Barely any contact but still want her money? Says more about you than her if you are even contemplating it. Being her daughter gives you absolutely no given right to inherit anything. Posts like this boil my piss. She's chosen what she intends to do. Suck it up.

You Are Legally Incorrect

I don’t accept that my comment was “nasty or demeaning”.
Pointing out that it is financially risky to rely on an inheritance is a factual statement, not a personal attack. Inheritance is not guaranteed, can be reduced by care costs, and is entirely under the control of the person making the will.
I stated the reality that people need to plan their own financial security rather than depending on an uncertain future inheritance.
Bringing in comparisons about university fees or house prices doesn’t change that basic point. Whatever the past circumstances, the legal position remains the same. No one is entitled to inherit, and expectations do not create rights.
People are of course free to feel upset by that reality, but it is not “nasty” to state it.

What does your brother say about all this?

You are legally incorrect regarding an application under the inheritance act.

This is a forum where legal advice can be sought free of charge from, and offered by, qualified practitioners.

@impossibletocontest If I were the OP, I would want to know how to set about finding someone conversant with and qualified in laws around inheritance and probate, and familiar with relevant recent cases. But she is entitled to discuss the details of her situation without being judged on here. How might she find the right person to give her proper advice, particularly as her life is not am easy one?

If I were @prh47bridge or any of the other lawyers who have replied, I'd be very angry that her search for information has been invaded by noisy ignoramuses shouting over their quiet, informed and considered comments.

I am very sorry, OP, that so many people have been unkind and unhelpful and got in the way of your finding the advice offered on here by legally qualified people. Like another poster upthread, I will pray for you. (I had a family member with MS, and appreciate your struggle.)

I think, from memory, that the Inheritance and Family Provision Act only applies in the case of people who were financially dependent on the deceased. This is not the case here, because Mommie Dearest has not been helping the OP financially.

<on edit> I would probably have a chat with someone qualified to advise on this, rather than take the word of anyone here.

I’m not disputing the fact they sound horrid. However if there was no elderly mother and no inheritance (which there isn’t because OP isn’t included in the will) what would OP be doing? She’s currently working part time and UC for top ups, so she is providing. So I suggest she carries on as she is and if the time comes she can’t work anymore there is always help out there OP can look at. You can’t expect to be written into a will because of health condition

You Are Legally Incorrect, and there are a number of verifiable solicitors who have as a matter of fact provided legal advice with a list of case law. So your post is useless.

You needing money & not wanting to depend on benefits does not give you any claim on your mothers estate. While its saddening that you had a neglected upbringing, neither does the care you provided as a child.

You are legally incorrect, try reading the legal advice from verifiable solicitors on this very thread.

Posts like yours boil my piss. OP was forced to be a child carer for her alcoholic and mentally ill mother from the ages of 6 to 18. OP has now been diagnosed with multiple sclerosis but you still think that it's appropriate to be a complete arsehole to her. This isn't AIBU, it's the Legal Board and thankfully a number of qualified solicitors have provided OP with some good advice. Your post is just vitriolic drivel.

Yep

Having read all your posts on this thread I don’t think you stand a chance. Sorry.

They sound awful and it's like they are just contacting you to upset you.

Drop the rope and tell them you have zero interest in either their health or her assets. That no amount of money can make up for the abuse you suffered from her as a child. Then go full no contact.

Those are not valid reasons. If your Mum is of sound mind she can leave her money to who she wants to. If she's not of sound mind you could contest it but if she made this will many years ago I think you'd have to prove she was not of sound mind at the time she wrote the will.

Are you legally qualified?

I know the answer which is no

Wrong, it would not be a contesting of a will it would be an application for provision to be made, which as advised by legally qualified people would be a possibility.

Ah well, bearing in mind that you are Writing in Capital Letters and mentioning "verifiable solicitors" (as a matter of fact) then you must be right. I bow to your superior knowledge.

End of the day, you have no challenge to her will. She was of sound mind and you dont depend h=on her for finances

`right now Im sorting mums will and fiancances

3 sisters

Majority to myself - Ive cared for mum and her husband the past 20 years, the rest to one sister and a pittance to another . Im also executor so its really tough so Ive instructed a solicitor so no one can talk about me later in life life

I think personally you have to rely on your brothers conscience, it the will is as you think

I have a will from a very bitter mother to contend with, and whilst Im still going through probate , my solicitor is being very helpful in taking into account the benefactors wishes whilst channeling more to those that were " missed out" , nowt illegal , just shuffling and broadly interrupting the will

For me, the executor , one of 3 sisters, my heart is broke over the division of her will However I have the support of 2nd sister, who like me says 3rd sister has to be recognised, even though there is no provision in the will . We have agreed to give up ours to be split equally ( even though 2 of us dont speak to the third for whom we are wanting to get a share )